This inventory was prepared by the Trade
Unit of the Organization of American States (OAS) at the request of the
Free Trade Area of the Americas (FTAA) Negotiating Group on Dispute
Settlement (NGDS), and does not reflect necessarily the opinions of the
OAS, its personnel, or its member states. Words in italics (or
within quotation marks) represent direct quotations from the referenced
material available to the OAS. They do not have the legal standing of the
official texts of the original documents. The OAS has made every effort to
ensure, but does not guarantee the accuracy of the information contained
in this inventory. The information is provided without warranty of any
kind, express or implied.

At their Second Ministerial Trade Meeting
held in Cartagena, Colombia on 21 March, 1996, the Ministers Responsible
for Trade requested “the OAS to start compiling information on the dispute
settlement mechanisms being used in bilateral and subregional trade
agreements in the Hemisphere.”1

The OAS distributed a first draft of a
dispute settlement analytical compendium to the Ministers at their Third
Ministerial Trade Meeting held in Belo Horizonte, Brazil on 16 May 1997.
At that meeting, the Ministers set up the Working Group on Dispute
Settlement (WGDS) and established its terms of reference. The Group was
mandated inter alia to “[c]ompile an inventory of dispute
settlement procedures and mechanisms included in agreements, treaties and
arrangements of integration existing in the hemisphere and those of the
WTO, appending the legal texts.” In this respect, the Group was instructed
to “take into account the compilation of information prepared by the OAS,
as requested at Cartagena.”2

The OAS submitted a revised compendium to
the WGDS at its first meeting of 10-11 July 1997, and a “systematization”
paper on dispute settlement procedures and mechanisms as requested by the
Working Group at its third and last meeting of 19-20 February 1998. At
that meeting, the WGDS adopted a working list of agreements and a
structure for the inventory.

At their Fourth Trade Ministerial Meeting
held in San José, Costa Rica on 19 March 1998, the Ministers Responsible
for Trade recommended to their Heads of State and Government, the
initiation of FTAA negotiations. Ministers established the Trade
Negotiations Committee (TNC) at the Vice-Ministerial level, as well as
nine negotiating groups, one of which is on dispute settlement.3

The TNC, at its meeting in Buenos Aires on
19 June 1998, established the work program for the Negotiating Group on
Dispute Settlement (NGDS). The Negotiating Group, inter alia, was
instructed to continue the previous work of the Working Group on Dispute
Settlement aimed at completing the inventory of dispute settlement
mechanisms, procedures and legal texts established in the existing
integration schemes, treaties and agreements in the hemisphere, as well as
those of the WTO.

In fulfillment of this mandate, the NGDS
instructed the Tripartite Committee (OAS) to complete the inventory of
dispute settlement mechanisms, procedures and legal texts. The present
document responds to this instruction.

The focus of this inventory is limited to
dispute settlement mechanisms applicable to disputes between states that
are subject to a trade agreement and that may arise in this Hemisphere,
with the exclusion of disputes involving foreign investment.4
Moreover, the focus has been limited further to general dispute settlement
provisions under the agreements covered; and not to provisions that
are specific to a particular trade practice, such as dumping or subsidies,
or to a particular sector, such as agriculture, government procurement, or
the temporary entry of business persons.

Final Act Embodying the Results of the
Uruguay Round of Multilateral Trade Negotiations and Marrakesh Agreement
Establishing the World Trade Organization (which includes in Annex 2: Understanding
on Rules and Procedures Governing the Settlement of Disputes) (WTO),
15 April 1994; Rules of Conduct for the Understanding on Rules and
Procedures Governing the Settlement of Disputes, WT/DSB/RC/1, 11
December 1996; Working Procedures for Appellate Review, WT/AB/WP/3,
28 February 1997

2. Cartagena Agreement (Official Codified
Text of the Andean Subregional Integration Agreement, which includes changes from the Protocol
Modifying the Andean Subregional Integration Agreement, 10 March 1996)
(Andean Community), 25 June 1997; Treaty Creating the Court of
Justice of the Cartagena Agreement, 25 May 1979; By-Laws of the
Court of Justice of the Cartagena Agreement (Decision 184), 19 August
1983;Internal Rules of the Court of Justice of the Cartagena
Agreement, 9 May 1984; Protocol Modifying the Treaty Creating the
Court of Justice of the Cartagena Agreement, 28 May 1996 (has not
entered into force yet)

3. Treaty Establishing the Caribbean
Community and Common Market (CARICOM),
4 July 1973; Protocol Amending the Treaty Establishing the Caribbean
Community, 1997; Agreement Establishing the Caribbean Court of
Justice,______

4. General Treaty on Central American
Economic Integration Between Guatemala, El Salvador, Honduras and
Nicaragua (CACM), 13 December 1960;
Protocol of Tegulcigalpa to the Charter of the Organization of Central
American States, 13 December 1991; Protocol of Guatemala to the
General Treaty on Central American Economic Integration, 29 October
1993; Convenio del Estatuto de la Corte Centroamericana de Justicia,
13 December 1992

5. Treaty on Free Trade Between the
Republic of Colombia, the Republic of Venezuela and the United Mexican
States (Group of Three), 13 June
1994; Decision No. 9 of the Administrative Commission, ____

6. Treaty of Asuncion Establishing the
Southern Common Market (MERCOSUR)
26 March 1991; Council Decision MERCOSUR/CMD/DEC NO. 01/91: Protocol of
Brasilia for Dispute Settlement, 17 December 1991; Additional
Protocol to the Treaty of Asuncion on the Institutional Structure of
Mercosur (Protocol of Ouro Preto), 17 December 1994; Rules of the
Protocol of Brasilia for Dispute Settlement, 10 October 1998

7. North American Free Trade Agreement
(NAFTA), 17 December 1992; Model Rules of Procedure for Chapter Twenty
of the North American Free Trade Agreement; Code of Conduct for Dispute
Settlement Procedures under Chapters 19 & 20 of the North American Free
Trade Agreement

7. Free Trade Agreement Between the
Government of Canada and the Government of the Republic of Chile
(Canada-Chile), 5 December 1996

8. Economic Complement Agreement No. 24 for
the Establishment of an Enlarged Economic Space Between Chile and Colombia
(Chile-Colombia), 6 December 1993

9. Economic Complement Agreement No. 32 for
the Establishment of an Enlarged Economic Space Between Chile and Ecuador
(Chile-Ecuador), 20 December 1994

10. Economic Complement Agreement No. 17
Between the Government of the Republic of Chile and the Government of the
United Mexican States
(Chile-Mexico), 22 September 1991; Free Trade Treaty Between the
Government of the Republic of Chile and the Government of the United
Mexican States, _____________

11. Economic Complement Agreement Between
Chile and Peru for the Agreement on a Free Trade Area
(Chile-Peru), 22 June 1998

12. Economic Complement Agreement No. 23
for the Establishment of an Enlarged Economic Space Between Chile and
Venezuela (Chile-Venezuela), 2
April 1993

13. Agreement of Partial Scope Between the
Republic of Colombia and the Republic of Honduras
(Colombia-Honduras), _____________.

14. Agreement of Partial Scope Between the
Republic of Colombia and the Republic of Nicaragua
(Colombia-Nicaragua), ____________.

15. Commercial Convention Between the
Government of the Republic of Costa Rica and the Government of the
Republic of Argentina (Costa
Rica-Argentina), 20 October 1979

17. Free Trade Treaty Between the Republic
of Costa Rica and the United Mexican States
(Costa Rica-Mexico), 5 April 1994

18. Commercial Convention Subscribed
Between the Republic of Costa Rica and the Republic of Uruguay
(Costa Rica-Uruguay), 24 May 1983

19. Basic Convention of Economic and Trade
Cooperation Between the Government of the Republic of Venezuelaand the Government of Costa Rica (Costa Rica-Venezuela), 18 June
1980; Convention of Partial Scope Between the Government of Costa Rica
and the Government of Venezuela, 21 March 1986

20. Commercial Convention Between the
Government of the Dominican Republic and the Government of the Republic of
Costa Rica (Dominican
Republic-Costa Rica), 18 May 1981

25. Agreement of Partial Scope Between the
Republic of El Salvador and the Republic of Colombia
(El Salvador-Colombia), _____________.

26. Agreement of Partial Scope Between the
Republic of Guatemala and the Republic of Colombia
(Guatemala-Colombia), _____________.

27. Free Trade Treaty Between the United
Mexican States and the Republic of Nicaragua
(Mexico-Nicaragua), ____

28. Agreement of Partial Scope Between the
Republic of Panama and the Republic of Colombia
(Panama-Colombia), 9 July 1993

29. Free Trade and Preferential Exchange
Treaty Between the Republics of Panama and Costa Rica
(Panama-Costa Rica), 8 June 1973; Rules for the Free Trade and
Preferential Exchange Treaty Between the Republics of Panama and Costa
Rica, 23 April 1986

30. Commercial Treaty Between the Republic
of Panama and the Dominican Republic
(Panama-Dominican Republic), 17 July 1985

31. Free Trade and Preferential Exchange
Treaty Between the Republic of Panama and the Republic of El Salvador
(Panama-El Salvador), 2 June 1970; Rules for the Free Trade and
Preferential Exchange Treaty Between the Republic of Panama and the
Republic of El Salvador, 14 December 1985

32. Free Trade and Preferential Exchange
Treaty Between the Republics of Panama and Guatemala
(Panama-Guatemala), 20 June 1974; Rules for the Free Trade and
Preferential Exchange Treaty Between the Republics of Panama and Guatemala,
22 September 1986

33. Free Trade and Preferential Exchange
Treaty Between the Republics of Panama and Honduras
(Panama-Honduras), 8 November 1973

34. Agreement of Partial Scope Between the
Republic of Panama and the United Mexican States
(Panama-Mexico), 22 May 1985

35. Free Trade and Preferential Exchange
Treaty Between the Republics of Panama and Nicaragua
(Panama-Nicaragua), 26 July 1973; Rules for the Free Trade and
Preferential Exchange Treaty Between the Republics of Panama and Nicaragua,
25 July 1974

Annex 2. Understanding on Rules and
Procedures Governing the Settlement of Disputes
(DSU); Rules of Conduct for the Understanding on Rules and Procedures
Governing the Settlement of Disputes; Working Procedures for Appellate Review

Cartagena Agreement, Chapter II,
Section E - Concerning the Andean Community Tribunal of Justice, and
Section I - Concerning Dispute Settlement;Treaty Creating the Court of Justice of the Cartagena Agreement;
By-Laws of the Court of Justice of the Cartagena Agreement;
Internal Rules of the Court of Justice of the Cartagena Agreement;
Protocol Modifying the Treaty
Creating the Court of Justice of the Cartagena Agreement

Chapter 20: Institutional Arrangements and
Dispute Settlement Procedures; Model Rules of Procedure for Chapter Twenty
of the North American Free Trade Agreement; Code of Conduct for Dispute
Settlement Procedures under Chapters 19 & 20 of the North American Free
Trade Agreement

1. The rules and procedures of this
Understanding shall apply to disputes brought pursuant to the consultation
and dispute settlement provisions of the agreements listed in Appendix 1
to this Understanding (referred to in this Understanding as the "covered
agreements"). The rules and procedures of this Understanding shall also
apply to consultations and the settlement of disputes between Members
concerning their rights and obligations under the provisions of the
Agreement Establishing the World Trade Organization (referred to in this
Understanding as the "WTO Agreement") and of this Understanding taken in
isolation or in combination with any other covered agreement.

Article 2: Administration

1. The Dispute Settlement Body is hereby
established to administer these rules and procedures and, except as
otherwise provided in a covered agreement, the consultation and dispute
settlement provisions of the covered agreements. Accordingly, the DSB
shall have the authority to establish panels, adopt panel and Appellate
Body reports, maintain surveillance of implementation of rulings and
recommendations, and authorize suspension of concessions and other
obligations under the covered agreements. With respect to disputes arising
under a covered agreement which is a Plurilateral Trade Agreement, the
term "Member" as used herein shall refer only to those Members that are
parties to the relevant Plurilateral Trade Agreement. Where the DSB
administers the dispute settlement provisions of a Plurilateral Trade
Agreement, only those Members that are parties to that Agreement may
participate in decisions or actions taken by the DSB with respect to that
dispute.

Article 3: General Provisions

2. The dispute settlement system of the WTO
is a central element in providing security and predictability to the
multilateral trading system. The Members recognize that it serves to
preserve the rights and obligations of Members under the covered
agreements, and to clarify the existing provisions of those agreements in
accordance with customary rules of interpretation of public international
law. Recommendations and rulings of the DSB cannot add to or diminish the
rights and obligations provided in the covered agreements.

3. The prompt settlement of situations in
which a Member considers that any benefits accruing to it directly or
indirectly under the covered agreements are being impaired by measures
taken by another Member is essential to the effective functioning of the
WTO and the maintenance of a proper balance between the rights and
obligations of Members.

5. All solutions to matters formally raised
under the consultation and dispute settlement provisions of the covered
agreements, including arbitration awards, shall be consistent with those
agreements and shall not nullify or impair benefits accruing to any Member
under those agreements, nor impede the attainment of any objective of
those agreements.

6. Mutually agreed solutions to matters
formally raised under the consultation and dispute settlement provisions
of the covered agreements shall be notified to the DSB and the relevant
Councils and Committees, where any Member may raise any point relating
thereto.

7. Before bringing a case, a Member shall
exercise its judgement as to whether action under these procedures would
be fruitful….

9. The provisions of this Understanding are
without prejudice to the rights of Members to seek authoritative
interpretation of provisions of a covered agreement through
decision-making under the WTO Agreement or a covered agreement which is a
Plurilateral Trade Agreement.

10. It is understood that requests for
conciliation and the use of the dispute settlement procedures should not
be intended or considered as contentious acts and that, if a dispute
arises, all Members will engage in these procedures in good faith in an
effort to resolve the dispute. It is also understood that complaints and
counter-complaints in regard to distinct matters should not be linked.

11. This Understanding shall be applied
only with respect to new requests for consultations under the consultation
provisions of the covered agreements made on or after the date of entry
into force of the WTO Agreement. With respect to disputes for which the
request for consultations was made under GATT 1947 or under any other
predecessor agreement to the covered agreements before the date of entry
into force of the WTO Agreement, the relevant dispute settlement rules and
procedures in effect immediately prior to the date of entry into force of
the WTO Agreement shall continue to apply.6

12. …[I]f a complaint based on any of the
covered agreements is brought by a developing country Member against a
developed country Member, the complaining party shall have the right to
invoke, as an alternative to the provisions contained in Articles 4, 5, 6
and 12 of this Understanding, the corresponding provisions of the Decision
of 5 April 1966 (BISD 14S/18), except that where the Panel considers that
the time-frame provided for in paragraph 7 of that Decision is
insufficient to provide its report and with the agreement of the
complaining party, that time-frame may be extended. To the extent that
there is a difference between the rules and procedures of Articles 4, 5, 6
and 12 and the corresponding rules and procedures of the Decision, the
latter shall prevail.

2. Each Member undertakes to accord
sympathetic consideration to and afford adequate opportunity for
consultation regarding any representations made by another Member
concerning measures affecting the operation of any covered agreement taken
within the territory of the former.
(footnote omitted)

3. If a request for consultations is made
pursuant to a covered agreement, the Member to which the request is made
shall, unless otherwise mutually agreed, reply to the request within 10
days after the date of its receipt and shall enter into consultations in
good faith within a period of no more than 30 days after the date of
receipt of the request, with a view to reaching a mutually satisfactory
solution. If the Member does not respond within 10 days after the date of
receipt of the request, or does not enter into consultations within a
period of no more than 30 days, or a period otherwise mutually agreed,
after the date of receipt of the request, then the Member that requested
the holding of consultations may proceed directly to request the
establishment of a panel.

4. All such requests for consultations
shall be notified to the DSB and the relevant Councils and Committees by
the Member which requests consultations. Any request for consultations
shall be submitted in writing and shall give the reasons for the request,
including identification of the measures at issue and an indication of the
legal basis for the complaint.

5. In the course of consultations in
accordance with the provisions of a covered agreement, before resorting to
further action under this Understanding, Members should attempt to obtain
satisfactory adjustment of the matter.

6. Consultations shall be confidential, and
without prejudice to the rights of any Member in any further proceedings.

7. If the consultations fail to settle a
dispute within 60 days after the date of receipt of the request for
consultations, the complaining party may request the establishment of a
panel. The complaining party may request a panel during the 60-day period
if the consulting parties jointly consider that consultations have failed
to settle the dispute.

8. In cases of urgency, including those
which concern perishable goods, Members shall enter into consultations
within a period of no more than 10 days after the date of receipt of the
request. If the consultations have failed to settle the dispute within a
period of 20 days after the date of receipt of the request, the
complaining party may request the establishment of a panel.

9. In cases of urgency, including those
which concern perishable goods, the parties to the dispute, panels and the
Appellate Body shall make every effort to accelerate the proceedings to
the greatest extent possible.

10. During consultations Members should
give special attention to the particular problems and interests of
developing country Members.

3. …. If the Member does not respond within
10 days after the date of receipt of the request, or does not enter into
consultations within a period of no more than 30 days, or a period
otherwise mutually agreed, after the date of receipt of the request, then
the Member that requested the holding of consultations may proceed
directly to request the establishment of a panel.

5. In the course of consultations in
accordance with the provisions of a covered agreement, before resorting to
further action under this Understanding, Members should attempt to obtain
satisfactory adjustment of the matter.

7. If the consultations fail to settle a
dispute within 60 days after the date of receipt of the request for
consultations, the complaining party may request the establishment of a
panel. The complaining party may request a panel during the 60-day period
if the consulting parties jointly consider that consultations have failed
to settle the dispute.

8. In cases of urgency, including those
which concern perishable goods….[i]f the consultations have failed to
settle the dispute within a period of 20 days after the date of receipt of
the request, the complaining party may request the establishment of a
panel.

11. Whenever a Member other than the
consulting Members considers that it has a substantial trade interest in
consultations being held pursuant to paragraph 1 of Article XXII of GATT
1994, paragraph 1 of Article XXII of GATS, or the corresponding provisions
in other covered agreements, such Member may notify the consulting Members
and the DSB, within 10 days after the date of the circulation of the
request for consultations under said Article, of its desire to be joined
in the consultations. Such Member shall be joined in the consultations,
provided that the Member to which the request for consultations was
addressed agrees that the claim of substantial interest is well-founded.
In that event they shall so inform the DSB. If the request to be joined in
the consultations is not accepted, the applicant Member shall be free to
request consultations under paragraph 1 of Article XXII or paragraph 1 of
Article XXIII of GATT 1994, paragraph 1 of Article XXII or paragraph 1 of
Article XXIII of GATS, or the corresponding provisions in other covered
agreements. (footnote omitted)

1. Good offices, conciliation and mediation
are procedures that are undertaken voluntarily if the parties to the
dispute so agree.

2. Proceedings involving good offices,
conciliation and mediation, and in particular positions taken by the
parties to the dispute during these proceedings, shall be confidential,
and without prejudice to the rights of either party in any further
proceedings under these procedures.

3. Good offices, conciliation or mediation
may be requested at any time by any party to a dispute. They may begin at
any time and be terminated at any time. Once procedures for good offices,
conciliation or mediation are terminated, a complaining party may then
proceed with a request for the establishment of a panel.

4. When good offices, conciliation or
mediation are entered into within 60 days after the date of receipt of a
request for consultations, the complaining party must allow a period of 60
days after the date of receipt of the request for consultations before
requesting the establishment of a panel. The complaining party may request
the establishment of a panel during the 60-day period if the parties to
the dispute jointly consider that the good offices, conciliation or
mediation process has failed to settle the dispute.

5. If the parties to a dispute agree,
procedures for good offices, conciliation or mediation may continue while
the panel process proceeds.

6. The Director-General may, acting in an
ex-officio capacity, offer good offices, conciliation or mediation with
the view to assisting Members to settle a dispute.

Article 24: Special Procedures Involving
Least-Developed Country Members

2. In dispute settlement cases involving a
least-developed country Member, where a satisfactory solution has not been
found in the course of consultations the Director-General or the Chairman
of the DSB shall, upon request by a least-developed country Member offer
their good offices, conciliation and mediation with a view to assisting
the parties to settle the dispute, before a request for a panel is made.
The Director-General or the Chairman of the DSB, in providing the above
assistance, may consult any source which either deems appropriate.

Article 25: Arbitration

1. Expeditious arbitration within the WTO
as an alternative means of dispute settlement can facilitate the solution
of certain disputes that concern issues that are clearly defined by both
parties.

2. Except as otherwise provided in this
Understanding, resort to arbitration shall be subject to mutual agreement
of the parties which shall agree on the procedures to be followed.
Agreements to resort to arbitration shall be notified to all Members
sufficiently in advance of the actual commencement of the arbitration
process. 3. Other Members may become party to an arbitration proceeding
only upon the agreement of the parties which have agreed to have recourse
to arbitration. The parties to the proceeding shall agree to abide by the
arbitration award. Arbitration awards shall be notified to the DSB and the
Council or Committee of any relevant agreement where any Member may raise
any point relating thereto.

[Special procedures for conciliation by the
Director-General, including time-limits, also remain available for
disputes between a developing country member and a developed country
member. Conciliation: Procedures under Article XXIII (Decision of 5
April 1966), BISD 14S/18.]

1. The Dispute Settlement Body is hereby
established to administer these rules and procedures and, except as
otherwise provided in a covered agreement, the consultation and dispute
settlement provisions of the covered agreements. Accordingly, the DSB
shall have the authority to establish panels, adopt panel and Appellate
Body reports, maintain surveillance of implementation of rulings and
recommendations, and authorize suspension of concessions and other
obligations under the covered agreements. With respect to disputes arising
under a covered agreement which is a Plurilateral Trade Agreement, the
term "Member" as used herein shall refer only to those Members that are
parties to the relevant Plurilateral Trade Agreement. Where the DSB
administers the dispute settlement provisions of a Plurilateral Trade
Agreement, only those Members that are parties to that Agreement may
participate in decisions or actions taken by the DSB with respect to that
dispute.

Article 3: General Provisions

2….Recommendations and rulings of the DSB
cannot add to or diminish the rights and obligations provided in the
covered agreements.

9. The provisions of this Understanding are
without prejudice to the rights of Members to seek authoritative
interpretation of provisions of a covered agreement through
decision-making under the WTO Agreement or a covered agreement which is a
Plurilateral Trade Agreement.

1. If the complaining party so requests, a
panel shall be established at the latest at the DSB meeting following that
at which the request first appears as an item on the DSB's agenda, unless
at that meeting the DSB decides by consensus not to establish a panel.
(footnote omitted)

2. The request for the establishment of a
panel shall be made in writing. It shall indicate whether consultations
were held, identify the specific measures at issue and provide a brief
summary of the legal basis of the complaint sufficient to present the
problem clearly. In case the applicant requests the establishment of a
panel with other than standard terms of reference, the written request
shall include the proposed text of special terms of reference.

Article 8: Composition of Panels

1. Panels shall be composed of
well-qualified governmental and/or non-governmental individuals, including
persons who have served on or presented a case to a panel, served as a
representative of a Member or of a contracting party to GATT 1947 or as a
representative to the Council or Committee of any covered agreement or its
predecessor agreement, or in the Secretariat, taught or published on
international trade law or policy, or served as a senior trade policy
official of a Member.

2. Panel members should be selected with a
view to ensuring the independence of the members, a sufficiently diverse
background and a wide spectrum of experience.

3. Citizens of Members whose governments
are parties to the dispute or third parties as defined in paragraph 2 of
Article 10 shall not serve on a panel concerned with that dispute, unless
the parties to the dispute agree otherwise. (footnote omitted)

4. To assist in the selection of panelists,
the Secretariat shall maintain an indicative list of governmental and
non-governmental individuals possessing the qualifications outlined in
paragraph 1, from which panelists may be drawn as appropriate. That list
shall include the roster of non-governmental panelists established on 30
November 1984 (BISD 31S/9), and other rosters and indicative lists
established under any of the covered agreements, and shall retain the
names of persons on those rosters and indicative lists at the time of
entry into force of the WTO Agreement. Members may periodically suggest
names of governmental and non-governmental individuals for inclusion on
the indicative list, providing relevant information on their knowledge of
international trade and of the sectors or subject matter of the covered
agreements, and those names shall be added to the list upon approval by
the DSB. For each of the individuals on the list, the list shall indicate
specific areas of experience or expertise of the individuals in the
sectors or subject matter of the covered agreements.

5. Panels shall be composed of three
panelists unless the parties to the dispute agree, within 10 days from the
establishment of the panel, to a panel composed of five panelists. Members
shall be informed promptly of the composition of the panel.

6. The Secretariat shall propose
nominations for the panel to the parties to the dispute. The parties to
the dispute shall not oppose nominations except for compelling reasons.

7. If there is no agreement on the
panelists within 20 days after the date of the establishment of a panel,
at the request of either party, the Director-General, in consultation with
the Chairman of the DSB and the Chairman of the relevant Council or
Committee, shall determine the composition of the panel by appointing the
panelists whom the Director-General considers most appropriate in
accordance with any relevant special or additional rules or procedures of
the covered agreement or covered agreements which are at issue in the
dispute, after consulting with the parties to the dispute. The Chairman of
the DSB shall inform the Members of the composition of the panel thus
formed no later than 10 days after the date the Chairman receives such a
request.

8. Members shall undertake, as a general
rule, to permit their officials to serve as panelists.

9. Panelists shall serve in their
individual capacities and not as government representatives, nor as
representatives of any organization. Members shall therefore not give them
instructions nor seek to influence them as individuals with regard to
matters before a panel.

10. When a dispute is between a developing
country Member and a developed country Member the panel shall, if the
developing country Member so requests, include at least one panelist from
a developing country Member.

11. Panelists' expenses, including travel
and subsistence allowance, shall be met from the WTO budget in accordance
with criteria to be adopted by the General Council, based on
recommendations of the Committee on Budget, Finance and Administration.

Article 9: Procedures for Multiple
Complainants

1. Where more than one Member requests the
establishment of a panel related to the same matter, a single panel may be
established to examine these complaints taking into account the rights of
all Members concerned. A single panel should be established to examine
such complaints whenever feasible.

3. If more than one panel is established to
examine the complaints related to the same matter, to the greatest extent
possible the same persons shall serve as panelists on each of the separate
panels and the timetable for the panel process in such disputes shall be
harmonized.

b. Expert Review Group

Article 13: Right to Seek Information

2. Panels may seek information from any
relevant source and may consult experts to obtain their opinion on certain
aspects of the matter. With respect to a factual issue concerning a
scientific or other technical matter raised by a party to a dispute, a
panel may request an advisory report in writing from an expert review
group. Rules for the establishment of such a group and its procedures are
set forth in Appendix 4.

APPENDIX 4: EXPERT REVIEW GROUPS

The following rules and procedures shall
apply to expert review groups established in accordance with the
provisions of paragraph 2 of Article 13.

1. Expert review groups are under the
panel's authority. Their terms of reference and detailed working
procedures shall be decided by the panel, and they shall report to the
panel.

2. Participation in expert review groups
shall be restricted to persons of professional standing and experience in
the field in question.

3. Citizens of parties to the dispute shall
not serve on an expert review group without the joint agreement of the
parties to the dispute, except in exceptional circumstances when the panel
considers that the need for specialized scientific expertise cannot be
fulfilled otherwise. Government officials of parties to the dispute shall
not serve on an expert review group. Members of expert review groups shall
serve in their individual capacities and not as government
representatives, nor as representatives of any organization. Governments
or organizations shall therefore not give them instructions with regard to
matters before an expert review group.

c. Appellate Body

Article 17: Appellate Review

Standing Appellate Body

1. A standing Appellate Body shall be
established by the DSB. The Appellate Body shall hear appeals from panel
cases. It shall be composed of seven persons, three of whom shall serve on
any one case. Persons serving on the Appellate Body shall serve in
rotation. Such rotation shall be determined in the working procedures of
the Appellate Body.

2. The DSB shall appoint persons to serve
on the Appellate Body for a four-year term, and each person may be
reappointed once. However, the terms of three of the seven persons
appointed immediately after the entry into force of the WTO Agreement
shall expire at the end of two years, to be determined by lot. Vacancies
shall be filled as they arise. A person appointed to replace a person
whose term of office has not expired shall hold office for the remainder
of the predecessor's term.

3. The Appellate Body shall comprise
persons of recognized authority, with demonstrated expertise in law,
international trade and the subject matter of the covered agreements
generally. They shall be unaffiliated with any government. The Appellate
Body membership shall be broadly representative of membership in the WTO.
All persons serving on the Appellate Body shall be available at all times
and on short notice, and shall stay abreast of dispute settlement
activities and other relevant activities of the WTO. They shall not
participate in the consideration of any disputes that would create a
direct or indirect conflict of interest.

4. Only parties to the dispute, not third
parties, may appeal a panel report.

….

7. The Appellate Body shall be provided
with appropriate administrative and legal support as it requires.

8. The expenses of persons serving on the
Appellate Body, including travel and subsistence allowance, shall be met
from the WTO budget in accordance with criteria to be adopted by the
General Council, based on recommendations of the Committee on Budget,
Finance and Administration.

Working Procedures for
Appellate Review, WT/AB/WP3

Chairman

Rule 5.

(1) There shall be a
Chairman of the Appellate Body who shall be elected by the Members.

(2) The first Chairman of
the Appellate Body shall have a term of office of two years. Thereafter,
the term of office of the Chairman shall be one year. In order to ensure
rotation of the Chairmanship, no Member shall serve as Chairman for more
than one term consecutively.

(3) The Chairman shall be
responsible for the overall direction of the Appellate Body business….

Divisions

Rule 6.

(1) In accordance with
paragraph 1 of Article 17 of the DSU, a division consisting of three
Members shall be established to hear and decide an appeal.

(2) The Members
constituting a division shall be selected on the basis of rotation,
while taking into account the principles of random selection,
unpredictability and opportunity for all Members to serve regardless of
their national origin.

….

Presiding Member of the
Division

Rule 7.

(1) Each division shall
have a Presiding Member, who shall be elected by the Members of that
division.

(2) The responsibilities
of the Presiding Member shall include:

(a) coordinating the
overall conduct of the appeal proceeding;

(b) chairing all oral
hearings and meetings related to that appeal; and

1. Panels shall have the following terms of
reference unless the parties to the dispute agree otherwise within 20 days
from the establishment of the panel:

"To examine, in the light of the relevant
provisions in (name of the covered agreement(s) cited by the parties to
the dispute), the matter referred to the DSB by (name of party) in
document ... and to make such findings as will assist the DSB in making
the recommendations or in giving the rulings provided for in that/those
agreement(s)."

2. Panels shall address the relevant
provisions in any covered agreement or agreements cited by the parties to
the dispute.

3. In establishing a panel, the DSB may
authorize its Chairman to draw up the terms of reference of the panel in
consultation with the parties to the dispute, subject to the provisions of
paragraph 1. The terms of reference thus drawn up shall be circulated to
all Members. If other than standard terms of reference are agreed upon,
any Member may raise any point relating thereto in the DSB.

Article 11: Function of Panels

The function of panels is to assist the DSB
in discharging its responsibilities under this Understanding and the
covered agreements. Accordingly, a panel should make an objective
assessment of the matter before it, including an objective assessment of
the facts of the case and the applicability of and conformity with the
relevant covered agreements, and make such other findings as will assist
the DSB in making the recommendations or in giving the rulings provided
for in the covered agreements. Panels should consult regularly with the
parties to the dispute and give them adequate opportunity to develop a
mutually satisfactory solution.

Article 13: Right to Seek Information

1. Each panel shall have the right to seek
information and technical advice from any individual or body which it
deems appropriate. However, before a panel seeks such information or
advice from any individual or body within the jurisdiction of a Member it
shall inform the authorities of that Member. A Member should respond
promptly and fully to any request by a panel for such information as the
panel considers necessary and appropriate. Confidential information which
is provided shall not be revealed without formal authorization from the
individual, body, or authorities of the Member providing the information.

2. Panels may seek information from any
relevant source and may consult experts to obtain their opinion on certain
aspects of the matter. With respect to a factual issue concerning a
scientific or other technical matter raised by a party to a dispute, a
panel may request an advisory report in writing from an expert review
group. Rules for the establishment of such a group and its procedures are
set forth in Appendix 4.

b. Expert Review Group

APPENDIX 4: EXPERT REVIEW GROUPS

1. Expert review groups are under the
panel's authority. Their terms of reference and detailed working
procedures shall be decided by the panel, and they shall report to the
panel.

….

4. Expert review groups may consult and
seek information and technical advice from any source they deem
appropriate. Before an expert review group seeks such information or
advice from a source within the jurisdiction of a Member, it shall inform
the government of that Member. Any Member shall respond promptly and fully
to any request by an expert review group for such information as the
expert review group considers necessary and appropriate.

c. Appellate Body

Article 17: Appellate Review

6. An appeal shall be limited to issues of
law covered in the panel report and legal interpretations developed by the
panel.

….

12. The Appellate Body shall address each
of the issues raised in accordance with paragraph 6 during the appellate
proceeding.

13. The Appellate Body may uphold, modify
or reverse the legal findings and conclusions of the panel.

1. Members affirm their adherence to the
principles for the management of disputes heretofore applied under
Articles XXII and XXIII of GATT 1947, and the rules and procedures as
further elaborated and modified herein.

….

10. It is understood that requests for
conciliation and the use of the dispute settlement procedures should not
be intended or considered as contentious acts and that, if a dispute
arises, all Members will engage in these procedures in good faith in an
effort to resolve the dispute. It is also understood that complaints and
counter-complaints in regard to distinct matters should not be linked.

Article 9: Procedures for
Multiple Complainants

1. Where more than one Member requests the
establishment of a panel related to the same matter, a single panel may be
established to examine these complaints taking into account the rights of
all Members concerned. A single panel should be established to examine
such complaints whenever feasible.

2. The single panel shall organize its
examination and present its findings to the DSB in such a manner that the
rights which the parties to the dispute would have enjoyed had separate
panels examined the complaints are in no way impaired. If one of the
parties to the dispute so requests, the panel shall submit separate
reports on the dispute concerned. The written submissions by each of the
complainants shall be made available to the other complainants, and each
complainant shall have the right to be present when any one of the other
complainants presents its views to the panel.

3. If more than one panel is established to
examine the complaints related to the same matter, to the greatest extent
possible the same persons shall serve as panelists on each of the separate
panels and the timetable for the panel process in such disputes shall be
harmonized.

Article 18: Communications with the Panel
or Appellate Body

1. There shall be no ex-parte
communications with the panel or Appellate Body concerning matters under
consideration by the panel or Appellate Body.

2. Written submissions to the panel or the
Appellate Body shall be treated as confidential, but shall be made
available to the parties to the dispute. Nothing in this Understanding
shall preclude a party to a dispute from disclosing statements of its own
positions to the public. Members shall treat as confidential information
submitted by another Member to the panel or the Appellate Body which that
Member has designated as confidential. A party to a dispute shall also,
upon request of a Member, provide a non-confidential summary of the
information contained in its written submissions that could be disclosed
to the public.

Article 20: Time-frame for DSB Decisions

Unless otherwise agreed to by the parties
to the dispute, the period from the date of establishment of the panel by
the DSB until the date the DSB considers the panel or appellate report for
adoption shall as a general rule not exceed nine months where the panel
report is not appealed or 12 months where the report is appealed. Where
either the panel or the Appellate Body has acted, pursuant to paragraph 9
of Article 12 or paragraph 5 of Article 17, to extend the time for
providing its report, the additional time taken shall be added to the
above periods.

Article 26

1. Non-Violation Complaints of the Type
Described in Paragraph 1(b) of Article XXIII of GATT 1994

Where the provisions of paragraph 1(b) of
Article XXIII of GATT 1994 are applicable to a covered agreement, a panel
or the Appellate Body may only make rulings and recommendations where a
party to the dispute considers that any benefit accruing to it directly or
indirectly under the relevant covered agreement is being nullified or
impaired or the attainment of any objective of that Agreement is being
impeded as a result of the application by a Member of any measure, whether
or not it conflicts with the provisions of that Agreement. Where and to
the extent that such party considers and a panel or the Appellate Body
determines that a case concerns a measure that does not conflict with the
provisions of a covered agreement to which the provisions of paragraph
1(b) of Article XXIII of GATT 1994 are applicable, the procedures in this
Understanding shall apply, subject to the following:

(a) the complaining party shall present a
detailed justification in support of any complaint relating to a measure
which does not conflict with the relevant covered agreement;

….

2. Complaints of the Type Described in
Paragraph 1(c) of Article XXIII of GATT 1994

Where the provisions of paragraph 1(c) of
Article XXIII of GATT 1994 are applicable to a covered agreement, a panel
may only make rulings and recommendations where a party considers that any
benefit accruing to it directly or indirectly under the relevant covered
agreement is being nullified or impaired or the attainment of any
objective of that Agreement is being impeded as a result of the existence
of any situation other than those to which the provisions of paragraphs
1(a) and 1(b) of Article XXIII of GATT 1994 are applicable. Where and to
the extent that such party considers and a panel determines that the
matter is covered by this paragraph, the procedures of this Understanding
shall apply only up to and including the point in the proceedings where
the panel report has been circulated to the Members….The following shall
also apply:

(a) the complaining party shall present a
detailed justification in support of any argument made with respect to
issues covered under this paragraph;

a. Panel

Article 4: Consultations

9. In cases of urgency, including those
which concern perishable goods, the parties to the dispute, panels and the
Appellate Body shall make every effort to accelerate the proceedings to
the greatest extent possible.

Article 9: Procedures for Multiple
Complainants

2. The single panel shall organize its
examination and present its findings to the DSB in such a manner that the
rights which the parties to the dispute would have enjoyed had separate
panels examined the complaints are in no way impaired. If one of the
parties to the dispute so requests, the panel shall submit separate
reports on the dispute concerned. The written submissions by each of the
complainants shall be made available to the other complainants, and each
complainant shall have the right to be present when any one of the other
complainants presents its views to the panel.

Article 12: Panel Procedures

1. Panels shall follow the Working
Procedures in Appendix 3 unless the panel decides otherwise after
consulting the parties to the dispute.

2. Panel procedures should provide
sufficient flexibility so as to ensure high-quality panel reports, while
not unduly delaying the panel process.

3. After consulting the parties to the
dispute, the panelists shall, as soon as practicable and whenever possible
within one week after the composition and terms of reference of the panel
have been agreed upon, fix the timetable for the panel process, taking
into account the provisions of paragraph 9 of Article 4, if relevant.

4. In determining the timetable for the
panel process, the panel shall provide sufficient time for the parties to
the dispute to prepare their submissions.

5. Panels should set precise deadlines for
written submissions by the parties and the parties should respect those
deadlines.

6. Each party to the dispute shall deposit
its written submissions with the Secretariat for immediate transmission to
the panel and to the other party or parties to the dispute. The
complaining party shall submit its first submission in advance of the
responding party's first submission unless the panel decides, in fixing
the timetable referred to in paragraph 3 and after consultations with the
parties to the dispute, that the parties should submit their first
submissions simultaneously. When there are sequential arrangements for the
deposit of first submissions, the panel shall establish a firm time-period
for receipt of the responding party's submission. Any subsequent written
submissions shall be submitted simultaneously.

7. Where the parties to the dispute have
failed to develop a mutually satisfactory solution, the panel shall submit
its findings in the form of a written report to the DSB. In such cases,
the report of a panel shall set out the findings of fact, the
applicability of relevant provisions and the basic rationale behind any
findings and recommendations that it makes. Where a settlement of the
matter among the parties to the dispute has been found, the report of the
panel shall be confined to a brief description of the case and to
reporting that a solution has been reached.

8. In order to make the procedures more
efficient, the period in which the panel shall conduct its examination,
from the date that the composition and terms of reference of the panel
have been agreed upon until the date the final report is issued to the
parties to the dispute, shall, as a general rule, not exceed six months.
In cases of urgency, including those relating to perishable goods, the
panel shall aim to issue its report to the parties to the dispute within
three months.

9. When the panel considers that it cannot
issue its report within six months, or within three months in cases of
urgency, it shall inform the DSB in writing of the reasons for the delay
together with an estimate of the period within which it will issue its
report. In no case should the period from the establishment of the panel
to the circulation of the report to the Members exceed nine months.

10. In the context of consultations
involving a measure taken by a developing country Member, the parties may
agree to extend the periods established in paragraphs 7 and 8 of Article
4. If, after the relevant period has elapsed, the consulting parties
cannot agree that the consultations have concluded, the Chairman of the
DSB shall decide, after consultation with the parties, whether to extend
the relevant period and, if so, for how long. In addition, in examining a
complaint against a developing country Member, the panel shall accord
sufficient time for the developing country Member to prepare and present
its argumentation. The provisions of paragraph 1 of Article 20 and
paragraph 4 of Article 21 are not affected by any action pursuant to this
paragraph.

11. Where one or more of the parties is a
developing country Member, the panel's report shall explicitly indicate
the form in which account has been taken of relevant provisions on
differential and more-favourable treatment for developing country Members
that form part of the covered agreements which have been raised by the
developing country Member in the course of the dispute settlement
procedures.

12. The panel may suspend its work at any
time at the request of the complaining party for a period not to exceed 12
months. In the event of such a suspension, the time-frames set out in
paragraphs 8 and 9 of this Article, paragraph 1 of Article 20, and
paragraph 4 of Article 21 shall be extended by the amount of time that the
work was suspended. If the work of the panel has been suspended for more
than 12 months, the authority for establishment of the panel shall lapse.

Article 14: Confidentiality

1. Panel deliberations shall be
confidential.

2. The reports of panels shall be drafted
without the presence of the parties to the dispute in the light of the
information provided and the statements made.

3. Opinions expressed in the panel report
by individual panelists shall be anonymous.

Article 15: Interim Review Stage

1. Following the consideration of rebuttal
submissions and oral arguments, the panel shall issue the descriptive
(factual and argument) sections of its draft report to the parties to the
dispute. Within a period of time set by the panel, the parties shall
submit their comments in writing.

2. Following the expiration of the set
period of time for receipt of comments from the parties to the dispute,
the panel shall issue an interim report to the parties, including both the
descriptive sections and the panel's findings and conclusions. Within a
period of time set by the panel, a party may submit a written request for
the panel to review precise aspects of the interim report prior to
circulation of the final report to the Members. At the request of a party,
the panel shall hold a further meeting with the parties on the issues
identified in the written comments. If no comments are received from any
party within the comment period, the interim report shall be considered
the final panel report and circulated promptly to the Members.

3. The findings of the final panel report
shall include a discussion of the arguments made at the interim review
stage. The interim review stage shall be conducted within the time-period
set out in paragraph 8 of Article 12.

Article 16: Adoption of Panel Reports

1. In order to provide sufficient time for
the Members to consider panel reports, the reports shall not be considered
for adoption by the DSB until 20 days after the date they have been
circulated to the Members.

2. Members having objections to a panel
report shall give written reasons to explain their objections for
circulation at least 10 days prior to the DSB meeting at which the panel
report will be considered.

3. The parties to a dispute shall have the
right to participate fully in the consideration of the panel report by the
DSB, and their views shall be fully recorded.

APPENDIX 3: WORKING PROCEDURES

l. In its proceedings the panel shall
follow the relevant provisions of this Understanding. In addition, the
following working procedures shall apply.

2. The panel shall meet in closed session.
The parties to the dispute, and interested parties, shall be present at
the meetings only when invited by the panel to appear before it.

3. The deliberations of the panel and the
documents submitted to it shall be kept confidential. Nothing in this
Understanding shall preclude a party to a dispute from disclosing
statements of its own positions to the public. Members shall treat as
confidential information submitted by another Member to the panel which
that Member has designated as confidential. Where a party to a dispute
submits a confidential version of its written submissions to the panel, it
shall also, upon request of a Member, provide a non-confidential summary
of the information contained in its submissions that could be disclosed to
the public.

4. Before the first substantive meeting of
the panel with the parties, the parties to the dispute shall transmit to
the panel written submissions in which they present the facts of the case
and their arguments.

5. At its first substantive meeting with
the parties, the panel shall ask the party which has brought the complaint
to present its case. Subsequently, and still at the same meeting, the
party against which the complaint has been brought shall be asked to
present its point of view.

….

7. Formal rebuttals shall be made at a
second substantive meeting of the panel. The party complained against
shall have the right to take the floor first to be followed by the
complaining party. The parties shall submit, prior to that meeting,
written rebuttals to the panel.

8. The panel may at any time put questions
to the parties and ask them for explanations either in the course of a
meeting with the parties or in writing.

9. The parties to the dispute and any third
party invited to present its views in accordance with Article 10 shall
make available to the panel a written version of their oral statements.

10. In the interest of full transparency,
the presentations, rebuttals and statements referred to in paragraphs 5 to
9 shall be made in the presence of the parties. Moreover, each party's
written submissions, including any comments on the descriptive part of the
report and responses to questions put by the panel, shall be made
available to the other party or parties.

11. Any additional procedures specific to
the panel.

12. Proposed timetable for panel work….

b. Expert Review Group

APPENDIX 4: EXPERT REVIEW GROUPS

The following rules and procedures shall
apply to expert review groups established in accordance with the
provisions of paragraph 2 of Article 13.

5. The parties to a dispute shall have
access to all relevant information provided to an expert review group,
unless it is of a confidential nature. Confidential information provided
to the expert review group shall not be released without formal
authorization from the government, organization or person providing the
information. Where such information is requested from the expert review
group but release of such information by the expert review group is not
authorized, a non-confidential summary of the information will be provided
by the government, organization or person supplying the information.

6. The expert review group shall submit a
draft report to the parties to the dispute with a view to obtaining their
comments, and taking them into account, as appropriate, in the final
report, which shall also be issued to the parties to the dispute when it
is submitted to the panel. The final report of the expert review group
shall be advisory only.

c. Appellate Body

Article 4: Consultations

9. In cases of urgency, including those
which concern perishable goods, the parties to the dispute, panels and the
Appellate Body shall make every effort to accelerate the proceedings to
the greatest extent possible.

Article 16: Adoption of
Panel Reports

4. Within 60 days after the
date of circulation of a panel report to the Members, the report shall be
adopted at a DSB meeting7 unless a party to the dispute formally notifies
the DSB of its decision to appeal or the DSB decides by consensus not to
adopt the report. If a party has notified its decision to appeal, the
report by the panel shall not be considered for adoption by the DSB until
after completion of the appeal. This adoption procedure is without
prejudice to the right of Members to express their views on a panel
report.

Article 17: Appellate Review

5. As a general rule, the proceedings shall
not exceed 60 days from the date a party to the dispute formally notifies
its decision to appeal to the date the Appellate Body circulates its
report. In fixing its timetable the Appellate Body shall take into account
the provisions of paragraph 9 of Article 4, if relevant. When the
Appellate Body considers that it cannot provide its report within 60 days,
it shall inform the DSB in writing of the reasons for the delay together
with an estimate of the period within which it will submit its report. In
no case shall the proceedings exceed 90 days.

….

Procedures for Appellate Review

9. Working procedures shall be drawn up by
the Appellate Body in consultation with the Chairman of the DSB and the
Director-General, and communicated to the Members for their information.

10. The proceedings of the Appellate Body
shall be confidential. The reports of the Appellate Body shall be drafted
without the presence of the parties to the dispute and in the light of the
information provided and the statements made.

11. Opinions expressed in the Appellate
Body report by individuals serving on the Appellate Body shall be
anonymous.

12. The Appellate Body shall address each
of the issues raised in accordance with paragraph 6 during the appellate
proceeding.

Working Procedures for Appellate Review,
WT/AB/WP3

PART II: PROCESS

General Provisions

Rule 16.

(1) In the interests of
fairness and orderly procedure in the conduct of an appeal, where a
procedural question arises that is not covered by these Rules, a
division may adopt an appropriate procedure for the purposes of that
appeal only, provided that it is not inconsistent with the DSU, the
other covered agreements and these Rules. Where such a procedure is
adopted, the Division shall immediately notify the participants and
third participants in the appeal as well as the other Members of the
Appellate Body.

(2) In exceptional
circumstances, where strict adherence to a time period set out in these
Rules would result in a manifest unfairness, a party to the dispute, a
participant, a third party or a third participant may request that a
division modify a time period set out in these Rules for the filing of
documents or the date set out in the working schedule for the oral
hearing. Where such a request is granted by a division, any modification
of time shall be notified to the parties to the dispute, participants,
third parties and third participants in a revised working schedule.

Rule 17.

(1) Unless the DSB
decides otherwise, in computing any time period stipulated in the DSU or
in the special or additional provisions of the covered agreements, or in
these Rules, within which a communication must be made or an action
taken by a WTO Member to exercise or preserve its rights, the day from
which the time period begins to run shall be excluded and, subject to
paragraph 2, the last day of the time-period shall be included.

(2) The DSB Decision on
"Expiration of Time-Periods in the DSU", WT/DSB/M/7, shall apply to
appeals heard by divisions of the Appellate Body.

Documents

Rule 18.

(1) No document is
considered filed with the Appellate Body unless the document is received
by the Secretariat within the time period set out for filing in
accordance with these Rules.

(2) Except as otherwise
provided in these Rules, every document filed by a party to the dispute,
a participant, a third party or a third participant shall be served on
each of the other parties to the dispute, participants, third parties
and third participants in the appeal.

(3) A proof of service on
the other parties to the dispute, participants, third parties and third
participants shall appear on, or be affixed to, each document filed with
the Secretariat under paragraph 1 above.

(4) A document shall be
served by the most expeditious means of delivery or communication
available, including by:

(a) delivering a copy
of the document to the service address of the party to the dispute,
participant, third party or third participant; or

(b) sending a copy of
the document to the service address of the party to the dispute,
participant, third party or third participant by facsimile
transmission, expedited delivery courier or expedited mail service.

(5) Upon authorization by
the division, a participant or a third participant may correct clerical
errors in any of its submissions. Such correction shall be made within 3
days of the filing of the original submission and a copy of the revised
version shall be filed with the Secretariat and served upon the other
participants and third participants.

Ex Parte Communications

Rule 19.

(1) Neither a division
nor any of its Members shall meet with or contact one participant or
third participant in the absence of the other participants and third
participants.

(2) No Member of the
division may discuss any aspect of the subject matter of an appeal with
any participant or third participant in the absence of the other Members
of the division.

(3) A Member who is not
assigned to the division hearing the appeal shall not discuss any aspect
of the subject matter of the appeal with any participant or third
participant.

Commencement of Appeal

Rule 20.

(1) An appeal shall be
commenced by notification in writing to the DSB in accordance with
paragraph 4 of Article 16 of the DSU and simultaneous filing of a Notice
of Appeal with the Secretariat.

(2) A Notice of Appeal
shall include the following information:

(a) the title of the
panel report under appeal;

(b) the name of the
party to the dispute filing the Notice of Appeal;

(c) the service
address, telephone and facsimile numbers of the party to the dispute;
and

(d) a brief statement
of the nature of the appeal, including the allegations of errors in
the issues of law covered in the panel report and legal
interpretations developed by the panel.

Appellant's Submission

Rule 21.

(1) The appellant shall,
within 10 days after the date of the filing of the Notice of Appeal,
file with the Secretariat a written submission prepared in accordance
with paragraph 2 and serve a copy of the submission on the other parties
to the dispute and third parties.

(2) A written submission
referred to in paragraph 1 shall

(a) be dated and signed
by the appellant; and

(b) set out

(i) a precise
statement of the grounds for the appeal, including the specific
allegations of errors in the issues of law covered in the panel
report and legal interpretations developed by the panel, and the
legal arguments in support thereof;

(ii) a precise
statement of the provisions of the covered agreements and other
legal sources relied on; and

(iii) the nature of
the decision or ruling sought.

Appellee's Submission

Rule 22.

(1) Any party to the
dispute that wishes to respond to allegations raised in an appellant's
submission filed pursuant to Rule 21 may, within 25 days after the date
of the filing of the Notice of Appeal, file with the Secretariat a
written submission prepared in accordance with paragraph 2 and serve a
copy of the submission on the appellant, other parties to the dispute
and third parties.

(2) A written submission
referred to in paragraph 1 shall

(a) be dated and signed
by the appellee; and

(b) set out

(i) a precise
statement of the grounds for opposing the specific allegations of
errors in the issues of law covered in the panel report and legal
interpretations developed by the panel raised in the appellant's
submission, and the legal arguments in support thereof;

(ii) an acceptance
of, or opposition to, each ground set out in the appellant's
submission;

(iii) a precise
statement of the provisions of the covered agreements and other
legal sources relied on; and

(iv) the nature of
the decision or ruling sought.

Multiple Appeals

Rule 23.

(1) Within 15 days after
the date of the filing of the Notice of Appeal, a party to the dispute
other than the original appellant may join in that appeal or appeal on
the basis of other alleged errors in the issues of law covered in the
panel report and legal interpretations developed by the panel.

(2) Any written
submission made pursuant to paragraph 1 shall be in the format required
by paragraph 2 of Rule 21.

(3) The appellant, any
appellee and any other party to the dispute that wishes to respond to a
submission filed pursuant to paragraph 1 may file a written submission
within 25 days after the date of the filing of the Notice of Appeal, and
any such submission shall be in the format required by paragraph 2 of
Rule 22.

(4) This Rule does not
preclude a party to the dispute which has not filed a submission under
Rule 21 or paragraph 1 of this Rule from exercising its right of appeal
pursuant to paragraph 4 of Article 16 of the DSU.

(5) Where a party to the
dispute which has not filed a submission under Rule 21 or paragraph 1 of
this Rule exercises its right to appeal as set out in paragraph 4, a
single division shall examine the appeals.

….

Transmittal of Record

Rule 25.

(1) Upon the filing of a
Notice of Appeal, the Director-General of the WTO shall transmit
forthwith to the Appellate Body the complete record of the panel
proceeding.

…..

Working Schedule

Rule 26.

(1) Forthwith after the
commencement of an appeal, the division shall draw up an appropriate
working schedule for that appeal in accordance with the time periods
stipulated in these Rules.

(2) The working schedule
shall set forth precise dates for the filing of documents and a
timetable for the division's work, including where possible, the date
for the oral hearing.

(3) In accordance with
paragraph 9 of Article 4 of the DSU, in appeals of urgency, including
those which concern perishable goods, the Appellate Body shall make
every effort to accelerate the appellate proceedings to the greatest
extent possible. A division shall take this into account in drawing up
its working schedule for that appeal.

(4) The Secretariat shall
serve forthwith a copy of the working schedule on the appellant, the
parties to the dispute and any third parties.

Oral Hearing

Rule 27.

(1) A division shall hold
an oral hearing, which shall be held, as a general rule, 30 days after
the date of the filing of the Notice of Appeal.

(2) Where possible in the
working schedule or otherwise at the earliest possible date, the
Secretariat shall notify all parties to the dispute, participants, third
parties and third participants of the date for the oral hearing.

….

(4) The Presiding Member
may, as necessary, set time-limits for oral arguments and presentations.

Written Responses

Rule 28.

(1) At any time during
the appellate proceeding, including, in particular, during the oral
hearing, the division may address questions orally or in writing to, or
request additional memoranda from, any participant or third participant,
and specify the time periods by which written responses or memoranda
shall be received.

(2) Any such questions,
responses or memoranda shall be made available to the other participants
and third participants in the appeal, who shall be given an opportunity
to respond.

Failure to Appear

Rule 29.

Where a participant fails
to file a submission within the required time periods or fails to appear
at the oral hearing, the division shall, after hearing the views of the
participants, issue such order, including dismissal of the appeal, as it
deems appropriate.

Withdrawal of Appeal

Rule 30.

(1) At any time during an
appeal, the appellant may withdraw its appeal by notifying the Appellate
Body, which shall forthwith notify the DSB.

Where a mutually agreed
solution to a dispute which is the subject of an appeal has been
notified to the DSB pursuant to paragraph 6 of Article 3 of the DSU, it
shall be notified to the Appellate Body.

2. The dispute settlement system of the WTO
is a central element in providing security and predictability to the
multilateral trading system. The Members recognize that it serves to
preserve the rights and obligations of Members under the covered
agreements, and to clarify the existing provisions of those agreements in
accordance with customary rules of interpretation of public international
law. Recommendations and rulings of the DSB cannot add to or diminish the
rights and obligations provided in the covered agreements.

4. Recommendations or rulings made by the
DSB shall be aimed at achieving a satisfactory settlement of the matter in
accordance with the rights and obligations under this Understanding and
under the covered agreements.

5. All solutions to matters formally raised
under the consultation and dispute settlement provisions of the covered
agreements, including arbitration awards, shall be consistent with those
agreements and shall not nullify or impair benefits accruing to any Member
under those agreements, nor impede the attainment of any objective of
those agreements.

8. In cases where there is an infringement
of the obligations assumed under a covered agreement, the action is
considered prima facie to constitute a case of nullification or
impairment. This means that there is normally a presumption that a breach
of the rules has an adverse impact on other Members parties to that
covered agreement, and in such cases, it shall be up to the Member against
whom the complaint has been brought to rebut the charge.

9. The provisions of this
Understanding are without prejudice to the rights of Members to seek
authoritative interpretation of provisions of a covered agreement through
decision-making under the WTO Agreement or a covered agreement which is a
Plurilateral Trade Agreement.

a. Panel

Article 7: Terms of Reference of Panels

1. Panels shall have the following terms of
reference unless the parties to the dispute agree otherwise within 20 days
from the establishment of the panel:

"To examine, in the light of the
relevant provisions in (name of the covered agreement(s) cited by the
parties to the dispute), the matter referred to the DSB by (name of
party) in document ... and to make such findings as will assist the
DSB in making the recommendations or in giving the rulings provided
for in that/those agreement(s)."

2. Panels shall address the relevant
provisions in any covered agreement or agreements cited by the parties to
the dispute.

3. In establishing a panel, the DSB may
authorize its Chairman to draw up the terms of reference of the panel in
consultation with the parties to the dispute, subject to the provisions of
paragraph 1. The terms of reference thus drawn up shall be circulated to
all Members. If other than standard terms of reference are agreed upon,
any Member may raise any point relating thereto in the DSB.

Article 11: Function of Panels

The function of panels is to assist the DSB
in discharging its responsibilities under this Understanding and the
covered agreements. Accordingly, a panel should make an objective
assessment of the matter before it, including an objective assessment of
the facts of the case and the applicability of and conformity with the
relevant covered agreements, and make such other findings as will assist
the DSB in making the recommendations or in giving the rulings provided
for in the covered agreements. Panels should consult regularly with the
parties to the dispute and give them adequate opportunity to develop a
mutually satisfactory solution.

b. Appellate Body

Article 17: Appellate Review

6. An appeal shall be limited to issues of
law covered in the panel report and legal interpretations developed by the
panel.

….

12. The Appellate Body shall address each
of the issues raised in accordance with paragraph 6 during the appellate
proceeding.

13. The Appellate Body may uphold, modify
or reverse the legal findings and conclusions of the panel.

1. The interests of the parties to a
dispute and those of other Members under a covered agreement at issue in
the dispute shall be fully taken into account during the panel process.

2. Any Member having a substantial interest
in a matter before a panel and having notified its interest to the DSB
(referred to in this Understanding as a "third party") shall have an
opportunity to be heard by the panel and to make written submissions to
the panel. These submissions shall also be given to the parties to the
dispute and shall be reflected in the panel report.

3. Third parties shall receive the
submissions of the parties to the dispute to the first meeting of the
panel.

4. If a third party considers that a
measure already the subject of a panel proceeding nullifies or impairs
benefits accruing to it under any covered agreement, that Member may have
recourse to normal dispute settlement procedures under this Understanding.
Such a dispute shall be referred to the original panel wherever possible.

Appendix 3: WORKING
PROCEDURES

6. All third parties which
have notified their interest in the dispute to the DSB shall be invited in
writing to present their views during a session of the first substantive
meeting of the panel set aside for that purpose. All such third parties
may be present during the entirety of this session.

b. Appellate Body

Working Procedures for Appellate Review,
WT/AB/WP3

Third Participants

Rule 24.

Any third party may file
a written submission, stating its intention to participate as a third
participant in the appeal and containing the grounds and legal arguments
in support of its position, within 25 days after the date of the filing
of the Notice of Appeal.

Rule 27.

(3) Any third participant
who has filed a submission pursuant to Rule 24 may appear to make oral
arguments or presentations at the oral hearing.

7. Before bringing a case, a Member shall
exercise its judgement as to whether action under these procedures would
be fruitful. The aim of the dispute settlement mechanism is to secure a
positive solution to a dispute. A solution mutually acceptable to the
parties to a dispute and consistent with the covered agreements is clearly
to be preferred. In the absence of a mutually agreed solution, the first
objective of the dispute settlement mechanism is usually to secure the
withdrawal of the measures concerned if these are found to be inconsistent
with the provisions of any of the covered agreements. The provision of
compensation should be resorted to only if the immediate withdrawal of the
measure is impracticable and as a temporary measure pending the withdrawal
of the measure which is inconsistent with a covered agreement. The last
resort which this Understanding provides to the Member invoking the
dispute settlement procedures is the possibility of suspending the
application of concessions or other obligations under the covered
agreements on a discriminatory basis vis-à-vis the other Member, subject
to authorization by the DSB of such measures.

Article 11: Function of
Panels

The function of panels is to assist the DSB
in discharging its responsibilities under this Understanding and the
covered agreements. Accordingly, a panel should make an objective
assessment of the matter before it, including an objective assessment of
the facts of the case and the applicability of and conformity with the
relevant covered agreements, and make such other findings as will assist
the DSB in making the recommendations or in giving the rulings provided
for in the covered agreements. Panels should consult regularly with the
parties to the dispute and give them adequate opportunity to develop a
mutually satisfactory solution.

Article 16: Adoption of Panel Reports

4. Within 60 days after the date of
circulation of a panel report to the Members, the report shall be adopted
at a DSB meeting unless a party to the dispute formally notifies the DSB
of its decision to appeal or the DSB decides by consensus not to adopt the
report. If a party has notified its decision to appeal, the report by the
panel shall not be considered for adoption by the DSB until after
completion of the appeal. (footnote omitted) This adoption procedure is
without prejudice to the right of Members to express their views on a
panel report.

Article 17: Appellate Review

Adoption of Appellate Body Reports

14. An Appellate Body report shall be
adopted by the DSB and unconditionally accepted by the parties to the
dispute unless the DSB decides by consensus not to adopt the Appellate
Body report within 30 days following its circulation to the Members.
(footnote omitted) This adoption procedure is without prejudice to the
right of Members to express their views on an Appellate Body report.

Article 19: Panel and
Appellate Body Recommendations

1. Where a panel or the
Appellate Body concludes that a measure is inconsistent with a covered
agreement, it shall recommend that the Member concerned bring the measure
into conformity with that agreement. In addition to its recommendations,
the panel or Appellate Body may suggest ways in which the Member concerned
could implement the recommendations.
(footnotes omitted)

2. In accordance with
paragraph 2 of Article 3, in their findings and recommendations, the panel
and Appellate Body cannot add to or diminish the rights and obligations
provided in the covered agreements.

Article 26

1. Non-Violation Complaints of the Type
Described in Paragraph 1(b) of Article XXIII of GATT 1994

Where the provisions of
paragraph 1(b) of Article XXIII of GATT 1994 are applicable to a covered
agreement, a panel or the Appellate Body may only make rulings and
recommendations where a party to the dispute considers that any benefit
accruing to it directly or indirectly under the relevant covered agreement
is being nullified or impaired or the attainment of any objective of that
Agreement is being impeded as a result of the application by a Member of
any measure, whether or not it conflicts with the provisions of that
Agreement. Where and to the extent that such party considers and a panel
or the Appellate Body determines that a case concerns a measure that does
not conflict with the provisions of a covered agreement to which the
provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable,
the procedures in this Understanding shall apply, subject to the
following:

….

(b) where a measure has
been found to nullify or impair benefits under, or impede the attainment
of objectives, of the relevant covered agreement without violation
thereof, there is no obligation to withdraw the measure. However, in
such cases, the panel or the Appellate Body shall recommend that the
Member concerned make a mutually satisfactory adjustment;….

2.
Complaints of the Type Described in Paragraph 1(c) of Article XXIII of
GATT 1994

Where the provisions of
paragraph 1(c) of Article XXIII of GATT 1994 are applicable to a covered
agreement, a panel may only make rulings and recommendations where a party
considers that any benefit accruing to it directly or indirectly under the
relevant covered agreement is being nullified or impaired or the
attainment of any objective of that Agreement is being impeded as a result
of the existence of any situation other than those to which the provisions
of paragraphs 1(a) and 1(b) of Article XXIII of GATT 1994 are applicable.
Where and to the extent that such party considers and a panel determines
that the matter is covered by this paragraph, the procedures of this
Understanding shall apply only up to and including the point in the
proceedings where the panel report has been circulated to the Members. The
dispute settlement rules and procedures contained in the Decision of 12
April 1989 (BISD 36S/61-67) shall apply to consideration for adoption, and
surveillance and implementation of recommendations and rulings. The
following shall also apply:

….

(b) in cases involving
matters covered by this paragraph, if a panel finds that cases also
involve dispute settlement matters other than those covered by this
paragraph, the panel shall circulate a report to the DSB addressing any
such matters and a separate report on matters falling under this
paragraph.

7. Before bringing a case, a Member shall
exercise its judgement as to whether action under these procedures would
be fruitful. The aim of the dispute settlement mechanism is to secure a
positive solution to a dispute. A solution mutually acceptable to the
parties to a dispute and consistent with the covered agreements is clearly
to be preferred. In the absence of a mutually agreed solution, the first
objective of the dispute settlement mechanism is usually to secure the
withdrawal of the measures concerned if these are found to be inconsistent
with the provisions of any of the covered agreements. The provision of
compensation should be resorted to only if the immediate withdrawal of the
measure is impracticable and as a temporary measure pending the withdrawal
of the measure which is inconsistent with a covered agreement. The last
resort which this Understanding provides to the Member invoking the
dispute settlement procedures is the possibility of suspending the
application of concessions or other obligations under the covered
agreements on a discriminatory basis vis-à-vis the other Member, subject
to authorization by the DSB of such measures.

Article 21: Surveillance of Implementation
of Recommendations and Rulings

1. Prompt compliance with recommendations
or rulings of the DSB is essential in order to ensure effective resolution
of disputes to the benefit of all Members.

2. Particular attention should be paid to
matters affecting the interests of developing country Members with respect
to measures which have been subject to dispute settlement.

3. At a DSB meeting held within 30 days
after the date of adoption of the panel or Appellate Body report, the
Member concerned shall inform the DSB of its intentions in respect of
implementation of the recommendations and rulings of the DSB. If it is
impracticable to comply immediately with the recommendations and rulings,
the Member concerned shall have a reasonable period of time in which to do
so. (footnote omitted)
The reasonable period of time shall be:

(a) the period of time
proposed by the Member concerned, provided that such period is approved
by the DSB; or, in the absence of such approval,

(b) a period of time
mutually agreed by the parties to the dispute within 45 days after the
date of adoption of the recommendations and rulings; or, in the absence
of such agreement,

(c) a period of time
determined through binding arbitration within 90 days after the date of
adoption of the recommendations and rulings. (footnote omitted) In such arbitration, a
guideline for the arbitrator should be that the reasonable period of
time to implement panel or Appellate Body recommendations should not
exceed 15 months from the date of adoption of a panel or Appellate Body
report. (footnote omitted)
However, that time may be shorter or longer, depending upon the
particular circumstances.

4. Except where the panel or the Appellate
Body has extended, pursuant to paragraph 9 of Article 12 or paragraph 5 of
Article 17, the time of providing its report, the period from the date of
establishment of the panel by the DSB until the date of determination of
the reasonable period of time shall not exceed 15 months unless the
parties to the dispute agree otherwise. Where either the panel or the
Appellate Body has acted to extend the time of providing its report, the
additional time taken shall be added to the 15-month period; provided that
unless the parties to the dispute agree that there are exceptional
circumstances, the total time shall not exceed 18 months.

5. Where there is disagreement as to the
existence or consistency with a covered agreement of measures taken to
comply with the recommendations and rulings such dispute shall be decided
through recourse to these dispute settlement procedures, including
wherever possible resort to the original panel. The panel shall circulate
its report within 90 days after the date of referral of the matter to it.
When the panel considers that it cannot provide its report within this
time frame, it shall inform the DSB in writing of the reasons for the
delay together with an estimate of the period within which it will submit
its report.

6. The DSB shall keep under surveillance
the implementation of adopted recommendations or rulings. The issue of
implementation of the recommendations or rulings may be raised at the DSB
by any Member at any time following their adoption. Unless the DSB decides
otherwise, the issue of implementation of the recommendations or rulings
shall be placed on the agenda of the DSB meeting after six months
following the date of establishment of the reasonable period of time
pursuant to paragraph 3 and shall remain on the DSB's agenda until the
issue is resolved. At least 10 days prior to each such DSB meeting, the
Member concerned shall provide the DSB with a status report in writing of
its progress in the implementation of the recommendations or rulings.

7. If the matter is one which has been
raised by a developing country Member, the DSB shall consider what further
action it might take which would be appropriate to the circumstances.

8. If the case is one brought by a
developing country Member, in considering what appropriate action might be
taken, the DSB shall take into account not only the trade coverage of
measures complained of, but also their impact on the economy of developing
country Members concerned.

Article 22: Compensation and the Suspension
of Concessions

1. Compensation and the suspension of
concessions or other obligations are temporary measures available in the
event that the recommendations and rulings are not implemented within a
reasonable period of time. However, neither compensation nor the
suspension of concessions or other obligations is preferred to full
implementation of a recommendation to bring a measure into conformity with
the covered agreements. Compensation is voluntary and, if granted, shall
be consistent with the covered agreements.

2. If the Member concerned fails to bring
the measure found to be inconsistent with a covered agreement into
compliance therewith or otherwise comply with the recommendations and
rulings within the reasonable period of time determined pursuant to
paragraph 3 of Article 21, such Member shall, if so requested, and no
later than the expiry of the reasonable period of time, enter into
negotiations with any party having invoked the dispute settlement
procedures, with a view to developing mutually acceptable compensation. If
no satisfactory compensation has been agreed within 20 days after the date
of expiry of the reasonable period of time, any party having invoked the
dispute settlement procedures may request authorization from the DSB to
suspend the application to the Member concerned of concessions or other
obligations under the covered agreements.

3. In considering what concessions or other
obligations to suspend, the complaining party shall apply the following
principles and procedures:

(a) the general principle
is that the complaining party should first seek to suspend concessions
or other obligations with respect to the same sector(s) as that in which
the panel or Appellate Body has found a violation or other nullification
or impairment;

(b) if that party
considers that it is not practicable or effective to suspend concessions
or other obligations with respect to the same sector(s), it may seek to
suspend concessions or other obligations in other sectors under the same
agreement;

(c) if that party
considers that it is not practicable or effective to suspend concessions
or other obligations with respect to other sectors under the same
agreement, and that the circumstances are serious enough, it may seek to
suspend concessions or other obligations under another covered
agreement;

(d) in applying the above
principles, that party shall take into account:

(i) the trade in the
sector or under the agreement under which the panel or Appellate Body
has found a violation or other nullification or impairment, and the
importance of such trade to that party;

(ii) the broader
economic elements related to the nullification or impairment and the
broader economic consequences of the suspension of concessions or
other obligations;

(e) if that party decides
to request authorization to suspend concessions or other obligations
pursuant to subparagraphs (b) or (c), it shall state the reasons
therefor in its request. At the same time as the request is forwarded to
the DSB, it also shall be forwarded to the relevant Councils and also,
in the case of a request pursuant to subparagraph (b), the relevant
sectoral bodies;

(f) for purposes of this
paragraph, "sector" means:

(i) with respect to
goods, all goods;

(ii) with respect to
services, a principal sector as identified in the current "Services
Sectoral Classification List" which identifies such sectors; (footnote omitted)

(iii) with respect to
trade-related intellectual property rights, each of the categories of
intellectual property rights covered in Section 1, or Section 2, or
Section 3, or Section 4, or Section 5, or Section 6, or Section 7 of
Part II, or the obligations under Part III, or Part IV of the
Agreement on TRIPS;

(g) for purposes of this
paragraph, "agreement" means:

(i) with respect to
goods, the agreements listed in Annex 1A of the WTO Agreement, taken
as a whole as well as the Plurilateral Trade Agreements in so far as
the relevant parties to the dispute are parties to these agreements;

(ii) with respect to
services, the GATS;

(iii) with respect to
intellectual property rights, the Agreement on TRIPS.

4. The level of the suspension of
concessions or other obligations authorized by the DSB shall be equivalent
to the level of the nullification or impairment.

5. The DSB shall not authorize suspension
of concessions or other obligations if a covered agreement prohibits such
suspension.

6. When the situation
described in paragraph 2 occurs, the DSB, upon request, shall grant
authorization to suspend concessions or other obligations within 30 days
of the expiry of the reasonable period of time unless the DSB decides by
consensus to reject the request. However, if the Member concerned objects
to the level of suspension proposed, or claims that the principles and
procedures set forth in paragraph 3 have not been followed where a
complaining party has requested authorization to suspend concessions or
other obligations pursuant to paragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration shall be carried out by the
original panel, if members are available, or by an arbitrator appointed by
the Director-General and shall be completed within 60 days after the date
of expiry of the reasonable period of time. (footnote omitted)
Concessions or other obligations shall not be suspended during the course
of the arbitration.

7. The arbitrator acting
pursuant to paragraph 6 shall not examine the nature of the concessions or
other obligations to be suspended but shall determine whether the level of
such suspension is equivalent to the level of nullification or impairment.
(footnote omitted)
The arbitrator may also determine if the proposed suspension of
concessions or other obligations is allowed under the covered agreement.
However, if the matter referred to arbitration includes a claim that the
principles and procedures set forth in paragraph 3 have not been followed,
the arbitrator shall examine that claim. In the event the arbitrator
determines that those principles and procedures have not been followed,
the complaining party shall apply them consistent with paragraph 3. The
parties shall accept the arbitrator's decision as final and the parties
concerned shall not seek a second arbitration. The DSB shall be informed
promptly of the decision of the arbitrator and shall upon request, grant
authorization to suspend concessions or other obligations where the
request is consistent with the decision of the arbitrator, unless the DSB
decides by consensus to reject the request.

8. The suspension of
concessions or other obligations shall be temporary and shall only be
applied until such time as the measure found to be inconsistent with a
covered agreement has been removed, or the Member that must implement
recommendations or rulings provides a solution to the nullification or
impairment of benefits, or a mutually satisfactory solution is reached. In
accordance with paragraph 6 of Article 21, the DSB shall continue to keep
under surveillance the implementation of adopted recommendations or
rulings, including those cases where compensation has been provided or
concessions or other obligations have been suspended but the
recommendations to bring a measure into conformity with the covered
agreements have not been implemented.

9. The dispute settlement
provisions of the covered agreements may be invoked in respect of measures
affecting their observance taken by regional or local governments or
authorities within the territory of a Member. When the DSB has ruled that
a provision of a covered agreement has not been observed, the responsible
Member shall take such reasonable measures as may be available to it to
ensure its observance. The provisions of the covered agreements and this
Understanding relating to compensation and suspension of concessions or
other obligations apply in cases where it has not been possible to secure
such observance. (footnote omitted)

Article 23: Strengthening of the
Multilateral System

1. When Members seek the redress of a
violation of obligations or other nullification or impairment of benefits
under the covered agreements or an impediment to the attainment of any
objective of the covered agreements, they shall have recourse to, and
abide by, the rules and procedures of this Understanding.

2. In such cases, Members shall:

(a) not make a
determination to the effect that a violation has occurred, that benefits
have been nullified or impaired or that the attainment of any objective
of the covered agreements has been impeded, except through recourse to
dispute settlement in accordance with the rules and procedures of this
Understanding, and shall make any such determination consistent with the
findings contained in the panel or Appellate Body report adopted by the
DSB or an arbitration award rendered under this Understanding;

(b) follow the procedures
set forth in Article 21 to determine the reasonable period of time for
the Member concerned to implement the recommendations and rulings; and

(c) follow the procedures
set forth in Article 22 to determine the level of suspension of
concessions or other obligations and obtain DSB authorization in
accordance with those procedures before suspending concessions or other
obligations under the covered agreements in response to the failure of
the Member concerned to implement the recommendations and rulings within
that reasonable period of time.

Article 24: Special Procedures Involving
Least-Developed Country Members

1. At all stages of the determination of
the causes of a dispute and of dispute settlement procedures involving a
least-developed country Member, particular consideration shall be given to
the special situation of least-developed country Members. In this regard,
Members shall exercise due restraint in raising matters under these
procedures involving a least-developed country Member. If nullification or
impairment is found to result from a measure taken by a least-developed
country Member, complaining parties shall exercise due restraint in asking
for compensation or seeking authorization to suspend the application of
concessions or other obligations pursuant to these procedures.

Article 26

1. Non-Violation Complaints of the Type
Described in Paragraph 1(b) of Article XXIII of GATT 1994

Where the provisions of
paragraph 1(b) of Article XXIII of GATT 1994 are applicable to a covered
agreement….

(c) notwithstanding
the provisions of Article 21, the arbitration provided for in paragraph
3 of Article 21, upon request of either party, may include a
determination of the level of benefits which have been nullified or
impaired, and may also suggest ways and means of reaching a mutually
satisfactory adjustment; such suggestions shall not be binding upon the
parties to the dispute;

notwithstanding the
provisions of paragraph 1 of Article 22, compensation may be part of a
mutually satisfactory adjustment as final settlement of the dispute.

2. Complaints of the Type Described in
Paragraph 1(c) of Article XXIII of GATT 1994

Where the provisions of
paragraph 1(c) of Article XXIII of GATT 1994 are applicable to a covered
agreement…. [t]he dispute settlement rules and procedures contained in the
Decision of 12 April 1989 (BISD 36S/61-67) shall apply to consideration
for adoption, and surveillance and implementation of recommendations and
rulings.

10. It is understood that requests for
conciliation and the use of the dispute settlement procedures should not
be intended or considered as contentious acts and that, if a dispute
arises, all Members will engage in these procedures in good faith in an
effort to resolve the dispute. It is also understood that complaints and
counter-complaints in regard to distinct matters should not be linked.

Article 8: Composition of Panels

9. Panelists shall serve in their
individual capacities and not as government representatives, nor as
representatives of any organization. Members shall therefore not give them
instructions nor seek to influence them as individuals with regard to
matters before a panel.

Article 14: Confidentiality

1. Panel deliberations shall be
confidential.

Article 17: Appellate Review

10. The proceedings of the Appellate Body
shall be confidential….

Article 18: Communications with the Panel
or Appellate Body

1. There shall be no ex-parte
communications with the panel or Appellate Body concerning matters under
consideration by the panel or Appellate Body.

2. Written submissions to the panel or the
Appellate Body shall be treated as confidential, but shall be made
available to the parties to the dispute. Nothing in this Understanding
shall preclude a party to a dispute from disclosing statements of its own
positions to the public. Members shall treat as confidential information
submitted by another Member to the panel or the Appellate Body which that
Member has designated as confidential….

APPENDIX 3: WORKING PROCEDURES

3. The deliberations of the panel and the
documents submitted to it shall be kept confidential. Nothing in this
Understanding shall preclude a party to a dispute from disclosing
statements of its own positions to the public. Members shall treat as
confidential information submitted by another Member to the panel which
that Member has designated as confidential….

APPENDIX 4: EXPERT REVIEW GROUPS

3….Members of expert review groups shall
serve in their individual capacities and not as government
representatives, nor as representatives of any organization. Governments
or organizations shall therefore not give them instructions with regard to
matters before an expert review group.

5. …Confidential information provided to
the expert review group shall not be released without formal authorization
from the government, organization or person providing the information.

Rules of Conduct

II. Governing Principle

1. Each person covered by
these Rules [i.e., each person
serving: on a panel or on the Standing Appellate Body; as an arbitrator;
or as an expert ; or member of the Secretariat or Standing Appellate Body
support staff] shall be independent
and impartial, shall avoid direct or indirect conflicts of interest and
shall respect the confidentiality of proceedings of bodies pursuant to the
dispute settlement mechanism, so that through the observance of such
standards of conduct the integrity and impartiality of that mechanism are
preserved. These Rules shall in no way modify the rights and obligations
of Members under the DSU nor the rules and procedures therein.

III. Observance of the
Governing Principle

1. To ensure the observance
of the Governing Principle of these Rules, each covered person is expected
(1) to adhere strictly to the provisions of the DSU; (2) to disclose the
existence or development of any interest, relationship or matter that that
person could reasonably be expected to know and that is likely to affect,
or give rise to justifiable doubts as to, that person's independence or
impartiality; and (3) to take due care in the performance of their duties
to fulfil these expectations, including through avoidance of any direct or
indirect conflicts of interest in respect of the subject matter of the
proceedings.

2. Pursuant to the
Governing Principle, each covered person, shall be independent and
impartial, and shall maintain confidentiality. Moreover, such persons
shall consider only issues raised in, and necessary to fulfil their
responsibilities within, the dispute settlement proceeding and shall not
delegate this responsibility to any other person. Such person shall not
incur any obligation or accept any benefit that would in anyway interfere
with, or which could give rise to, justifiable doubts as to the proper
performance of that person's dispute settlement duties.

Annex 2: Illustrative List
of Information To Be Disclosed

This list contains examples
of information of the type that a person called upon to serve in a dispute
should disclose pursuant to the Rules of Conduct for the Understanding on
Rules and Procedures Governing the Settlement of Disputes.

Each covered person, as
defined in Section IV:1 of these Rules of Conduct has a continuing duty to
disclose the information described in Section VI:2 of these Rules which
may include the following:

(b) professional
interests (e.g. a past or present relationship with private clients, or
any interests the person may have in domestic or international
proceedings, and their implications, where these involve issues similar
to those addressed in the dispute in question);

(c) other active
interests (e.g. active participation in public interest groups or other
organisations which may have a declared agenda relevant to the dispute
in question);

(d) considered statements
of personal opinion on issues relevant to the dispute in question (e.g.
publications, public statements);

(e) employment or family
interests (e.g. the possibility of any indirect advantage or any
likelihood of pressure which could arise from their employer, business
associates or immediate family members).

The Committee is the permanent organ of the
Association and shall have the following attributes and obligations:

….

m) To propose formulas for the resolution
of matters raised by the member states, when the failure to observe some
of the rules or principles of the present Treaty has been alleged.

ANDEAN COMMUNITY

Cartagena Ageement

Section I - On Dispute Resolution

Article 47.- The resolution of disputes
that may arise due to the application of the Andean Community Law, shall
be subject to the provisions of the Charter of the Court of Justice.

Treaty - Court of Justice

Article 17.- It is up to the Court to
nullify the Decisions taken by the Commission and the Resolutions issued
by the Board that violate the rules comprising the legal system of the
Cartagena Agreement, even though deviation of power, at the request of
either a Member Country, the Commission, the Board, individuals or
companies under the conditions envisaged in Article 19 herein below.

Article 18.- Member Countries may only file
an Action of Nullification for Decisions that were not approved with their
affirmative vote.

Article 19.- Individuals or companies may
file an Action of Invalidity against Decisions taken by the Commission or
Resolutions issued by the Board that apply to them and cause them injury.

Article 20.- The Action of Nullification
must be filed before the Court within a year following the date of
enforcement of the Commission’s Decision or the Board’s Resolution.

…

Article 23.- When the Board considers that
a Member Country has failed to fulfil the obligations emanating from the
rules comprising the legal system of the Cartagena Agreement, it shall
make its observations in writing. The Member Country must reply within a
period compatible with the urgency of the case, which shall not exceed two
months. Once the reply has been received or the term expired, the Board
shall issue a reasoned opinion.

If in the Board’s opinion the Member
Country failed to fulfil the obligations mentioned above and continues to
do so, the Board may request a verdict from the Court.

Article 24.- When a Member Country
considers that another Member Country has failed to fulfil the obligations
emanating from the rules comprising the legal system of the Cartagena
Agreement, it may raise its claim to the Board stating all the background
of the case, so that the Board can issue a reasoned opinion, following the
procedure mentioned in the first paragraph of article 23 herein above.
If in the Board’s opinion the Member Country failed to fulfil its
obligations and continues to do so, the Board may request a verdict from
the Court. Should the Board not file the action within the two months
after the date of its judgement, the claiming country may appeal directly
to the Court.
Should the Board fail to pronounce judgement within three months from the
date the claim was submitted, or rule against the noncompliance, then the
claiming country may appeal directly to the Court.

…

Article 28.- It is up to the Court to issue
a pre-judicial interpretation of the rules comprising the legal system of
the Cartagena Agreement, in order to ensure its uniform application in the
territories of Member Countries.

Article 29.- National judges who are
conducting a proceeding in which one of the rules comprising the legal
system of the Cartagena Agreement should be applied, may request the
Court’s interpretation of such rules, providing the verdict is susceptible
of appeals under municipal laws. Should the opportunity arise to pass
judgement without having received the Court’s interpretation, the judge
must decide the case.
In the event the verdict is not susceptible to appeals under municipal
laws, the judge, either at his own initiative or at the request of one of
the parties, shall suspend the proceeding and request the Court’s
interpretation, providing the case is considered well-founded.

Article 30.- The Court’s interpretation
must be limited to specifying the contents and scope of the rules of the
legal system governing the Cartagena Agreement. The Court may neither
interpret the contents and scope of municipal laws nor determine the
merits of matters concerning the proceeding.

Article 31.- The judge who is conducting
the proceeding must adopt the Court’s interpretation.

…

Article 33.- Member Countries shall not
submit any controversy arising from the application of rules comprising
the legal system of the Cartagena Agreement to any court, arbitration
system or proceeding other than those contemplated herein.

Member Countries hereby agree to make use
of the procedure established in Article 23 of the Cartagena Agreement only
for controversies arising between any one of them and another Contracting
Party of the Montevideo Treaty that is not a member of the Agreement.

By-Laws

Article 2.- The Court - the jurisdictional
body instituted to ensure respect for the law in the application and
interpretation of the legal system of the Agreement - is governed by the
Treaty, these Bylaws and by the Internal Rules.

Article 80.- Individuals or companies whose
rights are affected by the noncompliance of a Member Country, shall be
entitled to turn to that country’s competent courts in accordance with its
municipal laws, claiming the fulfillment of Article 5 of the Treaty.

Protocol of Cochabamba

Article 17. It is up to the Court to
declare null and void the decisions of the Andean Council of Ministers for
Foreign Affairs, the Andean Community Commission, the resolutions of the
General Secretariat and the agreements referred to in section “e” of
Article 1 that are handed down or agreed to in violation of the rules that
make up the legal structure of the Andean Community, including by misuse
of powers, when they are disputed by a member country, the Andean Council
of Ministers for Foreign Relations, the Andean Community Commission, the
General Secretariat, or natural or juridical persons under the conditions
provided for in Article 19 of this Treaty.

Article 18. The member countries may only
seek nullification in relation to those decisions or agreements for which
they have not cast a favorable vote.

Article 19. Natural and juridical persons
may seek nullification of the decisions of the Andean Council of Ministers
for Foreign Affairs, the Andean Community Commission, the resolutions of
the General Secretariat or the agreements affecting their individual
rights or legitimate interests.

Article 20. Nullification must be sought
before the Court within two years after the entry into force of the
decision of the Andean Council of Ministers for Foreign Affairs, the
Andean Community Commission, the resolution of the General Secretariat or
the agreement that is the object of such action.
Even if the term provided for in the preceding paragraph has expired, any
of the parties in a lawsuit that is before national courts or judges may
request that those judges or courts declare the decision or resolution to
be inapplicable in the particular case in question, provided that the case
relates to the application of such a rule and its validity is questioned,
in accordance with the provisions of Article 17.
Once the request for a declaration of inapplicability is presented, the
judge of the country in question will consult the Andean Community Court
of Justice on the legality of the decision, resolution or agreement, and
will suspend proceedings until an answer is received, which will
obligatorily be applied in the forthcoming ruling.

Article 21. The lodging of the
nullification action will not affect the effect or force of the challenged
rule or agreement.

…

Article 23. When the General Secretariat
considers that a member country has failed to meet obligations arising
from the rules or agreements constituting the legal structure of the
Andean Community, it will communicate its observations in writing. The
member country must answer within the term allotted by the General
Secretariat in accordance with the seriousness of the case, a period not
to exceed sixty days. Once the response is received or the time has
expired, the General Secretariat, in accordance with its rules of
procedure, and within the next fifteen days, shall issue a ruling on the
status of compliance with such obligations, citing reasons for the
conclusions.
If the ruling declares the member country to be in violation and said
country persists in the conduct that has been the object of the
observations, the General Secretariat shall request, as quickly as
possible, a decision by the Court. The affected member country may become
a party to the action of the General Secretariat.

Article 24. When a member country considers
that another member country has failed to meet obligations arising from
the rules that make up the legal structure of the Andean Community, it
will bring the case to the General Secretariat with the background of the
case, for the General Secretariat to take action leading to the remedy of
the violation within the term referred to in the first paragraph of the
preceding Article. Once the response is received or the term has expired
without positive results having been obtained, the General Secretariat, in
accordance with its rules of procedure, and within fifteen days, shall
issue a ruling on the status of compliance with such obligations, citing
reasons for the conclusions.
If the ruling declares the member country in violation, and said country
persists in the conduct that is the object of the claim, the General
Secretariat shall request a decision from the Court. If the General
Secretariat does not take action within sixty days after the ruling, the
complaining country may take its case directly to the Court.
If the General Secretariat does not issue its ruling within sixty-five
days following the date of submission of the claim or the ruling does not
conclude that there is a violation, the complaining country may take its
case directly to the Court.

Article 25. Natural or juridical persons
whose rights are affected by the failure of a member country to comply may
take their case to the General Secretariat and to the Court, under the
procedures provided for in Article 24.
Action sought according to the provisions of the preceding paragraph
excludes the possibility of simultaneously taking the same case through
the channels provided for in Article 31..

Article 26. In cases where a resolution
certifying the existence of a encumbrance or restriction has been issued,
or when it is a case of a flagrant violation, the General Secretariat, in
accordance with its rules of procedure, shall issue as quickly as possible
a ruling citing reasons, based on which the Secretariat or the affected
member country may take the case directly to the Court.

…

Article 31. Natural or juridical persons
shall have the right to appear before the competent national courts, in
accordance with the provisions of domestic law, when member countries fail
to comply with the provisions of Article 4 of this treaty, in cases where
their rights are affected by such failure.

Article 32. It is the Court’s
responsibility to give a pre-judicial interpretation of the rules that
make up the legal structure of the Andean Community, in order to ensure
that they are uniformly enforced throughout the territory of the member
countries.

Article 33. National judges hearing a
proceeding in which any of the rules making up the legal structure of the
Andean Community are to be applied or are the subject of dispute may
directly request the interpretation of the Court on such rules, provided
that the ruling is subject to appeal under domestic law. If the time comes
for a ruling without the Court’s interpretation having been received, the
judge must make a ruling.
In all proceedings in which the ruling is not subject to appeal under
domestic law, the judge shall suspend proceedings and request directly on
his own initiative, or at the request of the party, the Court’s
interpretation.

Article 34. The judge hearing the
proceedings shall, in his ruling, limit himself to considering the content
and scope of the rules making up the legal structure of the Andean
Community related to the specific case. The Court may not interpret the
content and scope of domestic law nor judge the factual issues of the
case, notwithstanding which he may refer to these when it is essential for
purposes of the interpretation being sought.

Article 35. The judge handling the case
shall adopt the Court’s interpretation in his ruling.

Article 36. The member countries of the
Andean Community will oversee the enforcement of the provisions of this
treaty, and in particular of the observance by national judges of that
which is set forth in this section.

Article 37. When the Andean Council of
Ministers for Foreign Affairs, the Andean Community Commission or the
General Secretariat fail to carry out an activity that they were
explicitly obligated to perform by virtue of the legal structure of the
Andean Community, said organs, the member states or natural or juridical
persons meeting the conditions described in Article 19 of this treaty may
demand compliance with those obligations.
If, within the next thirty days, such request is not granted, the
requestor may go before the Andean Community Court of Justice for a ruling
on the case.

Within thirty days following the filing of
the appeal, the Court shall issue the appropriate court order, based on
existing technical documentation, the history of the case, and the
explanations of the organ that is the target of the appeal. Said order,
which shall be published in the Gaceta Oficial of the Cartagena Agreement,
shall indicate the form, method and term within which the entity that is
the target of the appeal must comply with its obligation.

Article 38. The Court has authority to
settle, through arbitration, disputes that arise regarding the enforcement
or interpretation of contracts, pacts or agreements signed by organs and
institutions of the Andean System of Integration, or between them and
third parties, when the parties so agree.
Private individuals may agree to submit to arbitration, by the Court,
disputes that arise in regard to the enforcement or interpretation of
elements of private contracts governed by the legal structure of the
Andean Community.
At the option of the parties, the Court will issue its ruling, whether
based on law or on equitable principles, and it will be binding, not
subject to appeal, and will constitute legal and sufficient cause to
request that it be executed in accordance with the domestic provisions of
each member country.

Article 39. The General Secretariat has
authority to settle, through arbitration, disputes brought before it by
private parties regarding the enforcement or interpretation of elements of
private contracts governed by the legal structure of the Andean Community.
The General Secretariat will issue its ruling in accordance with criteria
of fairness and procedural technicalities and with the legal structure of
the Andean Community. Its ruling will be binding and not subject to appeal
unless the parties agree otherwise, and will constitute legal and
sufficient cause to request its execution in accordance with the domestic
provisions of each member country.

Article 40. The Court has authority to hear
labor disputes that arise in the organs and institutions of the Andean
Integration System.

…

Article 42. The member countries will not
submit any dispute that arises in regard to the enforcement of the rules
that make up the legal structure of the Andean Community to any court,
arbitration system or procedure different from those envisaged in this
treaty.
The member countries or organs and institutions of the Andean System of
Integration, in their relations with third countries or groups of
countries, may submit to the provisions of this treaty

CARICOM

Article 19: Settlement of Disputes
Any dispute concerning the interpretation or application of this Treaty,
unless otherwise provided for and particularly in Articles 11 and 12 of
the Annex, shall be determined by the Conference.

Annex: Article 11 - Disputes Procedure
Within the Common Market
If any Member State considers that any benefit conferred upon it by this
Annex or any objective of the Common Market is being or may be frustrated
and if no satisfactory settlement is reached between the Member States
concerned any of those Member States may refer the matter to the Council.

Annex: Article 12 - Reference to Tribunal

9. Member States undertake to employ the
procedures set out in this Article for the settlement of any dispute
specified in paragraph 1 of Article11 and to refrain from any other method
of disputes settlement.

Protocol Amending the Treaty

Article V
Replace Articles 8 and 9 of the Treaty, respectively, with the following:

Article 7(a)
Functions and Powers of the Conference
….
8. Without prejudice to any other provision of this Treaty, the Conference
may consider and resolve disputes between Member States including disputes
concerning the interpretation and application of this Treaty.

Article VI
Replace article 10 of the Treaty with the following:

Article 8
Composition and Functions of the Community Council of Ministers
….
4. Without prejudice to the generality of the foregoing provisions, the
Community Council shall:

(f) ensure the efficient operation and
orderly development of the CARICOM Single Market and Economy,
particularly by seeking to resolve problems arising out of its
functioning, taking into account the work and decisions of COTED;

(g) receive and consider allegations of breaches of obligations arising
under the Treaty, including disputes between subsidiary Organs of the
Community;

CACM

Article XXVI
The Signatory States agree to settle amicably, in the spirit of this
Treaty, and through the Executive Council or the Central American Economic
Council, as the case may be, any differences which may arise regarding the
interpretation or application of any of its provisions. If agreement
cannot be reached, they shall submit the matter to arbitration….

Protocol of Tegucigalpa

Article 35. …. Any disagreement on the
application or interpretation of the provisions contained in this protocol
and other instruments referred to in the preceding paragraph shall be put
before the Central American Court of Justice.

Transitional Provisions

Article 3. For the purposes of what is
established in paragraph 2 of Article 35, and as long as the Central
American Court of Justice is not in existence, disputes on the application
or interpretation of the provisions contained in this protocol will be
submitted to the Central American Judicial Council.

a) to the prevention or settlement of any
dispute between Parties regarding the application or interpretation of
the Treaty; and

b) when one Party considers that a
measure taken by another Party is incompatible with the obligations
undertaken in the Treaty or that it causes nullification or impairment
as explained in the Annex to this article.

2. If one Party increases a tax on imports,
the Parties may negotiate an appropriate compensation mechanism before
recurring to a dispute settlement procedure.

Article 19-03: Settlement of Disputes in
accordance with the GATT

1. Any dispute arising in relation to the
provisions of this Treaty or of the GATT, or in agreements negotiated in
accordance with it, may be settled in either forum, as the claimant
desires.

2. Before a party undertakes a dispute
settlement procedure through GATT citing motives that are substantially
the same as those that could be invoked under the terms of this Treaty,
the following rules shall apply:

a) the claimant Party shall communicate
its intention to do so to the other Party or Parties to the agreement
against whom no claim is being made; and
b) if one or more of those Parties want to join the claimant’s action
seeking settlement of the dispute, they and the claimant shall endeavor
to agree upon a single forum.

3. Once a Party has begun a settlement
procedure in accordance with Article 19-06 of this Treaty or in accordance
with the GATT, it shall not take the same matter to the other forum.

4. For all effects and purposes regarding
the present Article, a settlement of disputes procedure in accordance with
the GATT shall be considered to have been initiated when a Party requests:

a) the formation of a panel under the
provisions of Article XXIII:2 of the GATT; or
b) investigation of the matter by one of the Committees established in
the agreements negotiated in accordance with the GATT.

Article 19-04: Settlement of Disputesin accordance with the Cartagena
Agreement

1. The Parties shall be subject to the
following stipulations regarding competence:

a) any dispute arising between Colombia
and Venezuela regarding matters contained in either this Treaty or the
legal provisions of the Cartagena Agreement shall be submitted to the
bodies holding competence under the Cartagena Agreement;
b) any dispute arising between Colombia and Venezuela regarding a
obligation acquired exclusively through this Treaty shall be settled
according to the procedures stipulated in the present Chapter;
c) any dispute arising between Mexico and any of the other Parties
regarding the provisions of this Treaty shall be settled according to
the procedures stipulated in the present Chapter; and
d) any dispute arising between all three Parties regarding the
provisions of this Treaty shall be settled according to the procedures
stipulated in the present Chapter.

2. Submission of a dispute to a body
competent under the Cartagena Agreement shall not affect any of the rights
that Mexico enjoys under the terms of this Treaty.

Annex to Article 19-02: Nullification and
Impairment.

1. A Party shall have resort to the
settlement of disputes mechanism established in this Chapter when it
considers that the implementation of a measure that does not violate the
Treaty, does nullify or impair the benefits that could have been
reasonably expected from the application of Chapters III through IX (with
the exception of the provisions regarding investment in the automobile
sector), Chapter X, Chapter XIV, Chapter XV or Chapter XVI.

2. Paragraph 1 of this Article shall be
applicable even when the Party against whom the claim is made invokes a
general exception under Article 22-01, except in the case of a general
exception for transborder trade in services.

MERCOSUR

Treaty of Asuncion

Annex III: Settlement of Disputes

1. Any dispute arising between the States
Parties as a result of the application of the Treaty…

Protocol of Brasilia

Article 1. The disputes which arise between
the State Parties regarding the interpretation, application or
non-compliance of the dispositions contained in the Treaty of Asuncion, of
the agreements celebrated within its framework, as well as any decisions
of the Common Market Council and the resolutions of the Common Market
Group, will be submitted to the procedure for resolution established in
the present Protocol.

Article 25. The procedure established in
the present chapter shall apply to all complaints made by private parties
(whether physical persons or juridical entities) as a result of the
sanction or application, by any of the State Parties, of legal or
administrative measures which have a restrictive, discriminatory or
unfairly competitive effect, in violation of the Treaty of Asuncion, of
the agreements celebrated within its framework, the decisions of the
Common Market Council or the resolutions of the Common Market Group.

Rules

Article 1 The Directives of the Trade
Comission, in conformity with that established in article 43 of the
Protocol of Ouro Preto, are incorporated into articles 1, 19 y 25 of the
Protocol of Brasilia.

Article 21. In addition to the duties and
functions described in Articles 16 and 19 of this Protocol, the Mercosul
Trade Commission shall be responsible for considering complaints referred
to it by the National Sections of the Mercosul Trade Commission and
originated by States Parties or individuals, whether natural or legal
persons, relating to the situations provided for in Article 1 or 25 of the
Brasilia Protocol, when they fall within its sphere of competence.

1. The examination of the aforesaid
complaints within the Mercosul Trade Commission shall not prevent the
complainant State Party taking action under the Brasilia Protocol for the
Settlement of Disputes.

2. Complaints arising in the circumstances
described in this Article shall be dealt with in accordance with the
procedure laid down in the Annex to this Protocol.

Chapter VI: Dispute Settlement

Article 43. Disputes which arise between
the States Parties concerning the interpretation, application or
non-fulfillment of the provisions of the Treaty of Asuncion and the
agreements concluded within its framework or of Decisions of the Council
of the Common Market, Resolutions of the Common Market Group and
Directives of the Mercosul Trade Commission shall be subject to the
settlement procedures laid down in the Brasilia Protocol of 17 December
1991.

Sole paragraph. The Directives of the
Mercosul Trade Commission are also incorporated in Articles 19 and 25 of
the Brasilia Protocol.

Annex: General Procedure for Complaints to
the Mercosul Trade Commission

Article 1. Complaints submitted by the
National Sections of the Mercosul Trade Commission and originated by
States Parties or individuals, whether natural or legal persons, in
accordance with the provisions of Article 21 of the Protocol of Ouro Preto
shall be subject to the procedure laid down in this Annex.

Except for the matters covered in Chapter
Nineteen (Review and Dispute Settlement in Antidumping and Countervailing
Duty Matters) and as otherwise provided in this Agreement, the dispute
settlement provisions of this Chapter shall apply with respect to the
avoidance or settlement of all disputes between the Parties regarding the
interpretation or application of this Agreement or wherever a Party
considers that an actual or proposed measure of another Party is or would
be inconsistent with the obligations of this Agreement or cause
nullification or impairment in the sense of Annex 2004.

Annex 2004: Nullification and Impairment

1. If any Party considers that any benefit
it could reasonably have expected to accrue to it under any provision of:

(a) Part Two (Trade in Goods), except for
those provisions of Annex 300-A (Automotive Sector) or Chapter Six
(Energy) relating to investment,
(b) Part Three (Technical Barriers to Trade),
(c) Chapter Twelve (Cross-Border Trade in Services), or
(d) Part Six (Intellectual Property),

is being nullified or impaired as a result
of the application of any measure that is not
inconsistent with this Agreement, the Party may have recourse to dispute
settlement
under this Chapter.

2. A Party may not invoke:

(a) paragraph 1(a) or (b), to the extent
that the benefit arises from any crossborder trade in services provision
of Part Two, or
(b) paragraph 1(c) or (d), with respect to any measure subject to an
exception under Article 2101 (General Exceptions).

Article 2005: GATT Dispute Settlement

1. Subject to paragraphs 2, 3 and 4,
disputes regarding any matter arising under both this Agreement and the
General Agreement on Tariffs and Trade, any agreement negotiated
thereunder, or any successor agreement (GATT), may be settled in either
forum at the discretion of the complaining Party.

2. Before a Party initiates a dispute
settlement proceeding in the GATT against another Party on grounds that
are substantially equivalent to those available to that Party under this
Agreement, that Party shall notify any third Party of its intention. If a
third Party wishes to have recourse to dispute settlement procedures under
this Agreement regarding the matter, it shall inform promptly the
notifying Party and those Parties shall consult with a view to agreement
on a single forum. If those Parties cannot agree, the dispute normally
shall be settled under this Agreement.

3. In any dispute referred to in paragraph
1 where the responding Party claims that its action is subject to Article
104 (Relation to Environmental and Conservation Agreements) and requests
in writing that the matter be considered under this Agreement, the
complaining Party may, in respect of that matter, thereafter have recourse
to dispute settlement procedures solely under this Agreement.

4. In any dispute referred to in paragraph
1 that arises under Section B of Chapter Seven (Sanitary and Phytosanitary
Measures) or Chapter Nine (Standards-Related Measures):

(a) concerning a measure adopted or
maintained by a Party to protect its human, animal or plant life or
health, or to protect its environment, and
(b) that raises factual issues concerning the environment, health,
safety or conservation, including directly related scientific matters,
where the responding Party requests in writing that the matter be
considered under this Agreement, the complaining Party may, in respect
of that matter, thereafter have recourse to dispute settlement
procedures solely under this Agreement.

5. The responding Party shall deliver a
copy of a request made pursuant to paragraph 3 or 4 to the other Parties
and to its Section of the Secretariat. Where the complaining Party has
initiated dispute settlement proceedings regarding any matter subject to
paragraph 3 or 4, the responding Party shall deliver its request no later
than 15 days thereafter. On receipt of such request, the complaining Party
shall promptly withdraw from participation in those proceedings and may
initiate dispute settlement procedures under Article 2007.

6. Once dispute settlement procedures have
been initiated under Article 2007 or dispute settlement proceedings have
been initiated under the GATT, the forum selected shall be used to the
exclusion of the other, unless a Party makes a request pursuant to
paragraph 3 or 4.

7. For purposes of this Article, dispute
settlement proceedings under the GATT are deemed to be initiated by a
Party's request for a panel, such as under Article XXIII:2 of the General
Agreement on Tariffs and Trade 1947, or for a committee investigation,
such as under Article 20.1 of the Customs Valuation Code.

Article 2020: Referrals of Matters from
Judicial or Administrative Proceedings

1. If an issue of interpretation or
application of this Agreement arises in any domestic judicial or
administrative proceeding of a Party that any Party considers would merit
its intervention, or if a court or administrative body solicits the views
of a Party, that Party shall notify the other Parties and its Section of
the Secretariat. The Commission shall endeavor to agree on an appropriate
response as expeditiously as possible.

2. The Party in whose territory the court
or administrative body is located shall submit any agreed interpretation
of the Commission to the court or administrative body in accordance with
the rules of that forum.

3. If the Commission is unable to agree,
any Party may submit its own views to the court or administrative body in
accordance with the rules of that forum.

Article 2021: Private Rights

1. No Party may provide for a right of
action under its domestic law against any other Party on the ground that a
measure of another Party is inconsistent with this Agreement.

TRIPARTITE TREATY

Article XXIX. Disputes that may arise on
the interpretation or application of any of the clauses of this Treaty
shall be submitted for consideration of the Executive Council, which will
decide the matter.

CARICOM-COLOMBIA

Article 2: The Joint Council

3. The functions of the Joint Council shall
be:
a. to ensure compliance by the Parties with the provisions of this
Agreement;
b. to recommend solutions to any problems which may arise in relation to
the provisions of this Agreement….

Article 21: Settlement of Disputes
1. Any dispute which may arise between the Parties concerning the
interpretation, application, execution or breach of the provisions of this
Agreement may, if the dispute is not resolved by the Parties, be referred
by either Party to the Joint Council for its consideration and
recommendations.

CARICOM-VENEZUELA

Article 2: The Joint Council

3. The functions of the Joint Council shall
be:
a. to ensure compliance by the Parties with the provisions of this
Agreement;
b. to resolve any problems which may arise out of the application of this
Agreement….

Article 17: Settlement of Disputes

1. The Joint Council is the body
responsible for the resolution of disputes which may arise with regard to
the interpretation, application, execution or failure to comply with the
provisions of this Agreement.

a. to the prevention or settlement of all
disputes among the Parties vis-à-vis the application and interpretation
of this Agreement; or

b. where a Party finds that a current or
future measure by another Party is inconsistent with the provisions of
this Agreement or that, while not inconsistent with the Agreement, the
benefits it may have reasonably expected to accrue from the application
thereof are being impaired or nullified.

Article 16.04: Dispute
Settlement under the Understanding

1. Any dispute related to the application
of this Agreement or the Agreement Establishing the WTO or the agreements
negotiated pursuant to the WTO Agreement may be settled in any such fora,
at the claiming Party’s discretion.

2. Upon request by any Party to establish a
panel in compliance with either this Chapter or the Understanding, the
forum selected shall exclude all other fora.

3. For the purposes of this Article, a
dispute settlement procedure shall be deemed initiated under the
Understanding if a Party requests that:

a panel be established
pursuant to Article 6 of the Understanding; or

a committee be set up to
carry out an inquiry under the arrangements negotiated pursuant to the
Agreement Establishing the WTO.

…

Article 16.18: Judicial and
Administrative Fora

1. The Council shall, at its earliest
convenience, agree on an adequate non-binding interpretation or response
where:

a Party considers that a matter related
to the interpretation or application of this Agreement arising from a
judicial or administrative proceeding by another Party should be
interpreted by the Council; or

a Party’s opinion is requested on a
matter of interpretation or application of this Agreement by a court or
administrative agency from that Party.

A Party where the court or administrative
agency is located shall present to such court or agency the Council’s
response, in compliance with the procedures of the forum in question.

3. Should the Commission fail to reach an
agreement, either Party may submit its own opinion to the court or
administrative body, in compliance with the procedures of the forum in
question.

…
Article 18.01: Joint Administration Council
…
2. The Council shall have the following functions:
a. To safeguard the enforcement and rightful application of this
Agreement;
…
e. To contribute to settle any dispute concerning the interpretation and
application of this Agreement; …

MERCOSUR-BOLIVIA

Article 21. The disputes which may arise
from the enforcement of this Agreement shall be settled in accordance with
the Dispute Settlement Procedure provided for in Annex 11 thereto.

Annex 11

Article 1

Disputes among the Contracting Parties
regarding the interpretation, application of or non-compliance with the
provisions of the MERCOSUR - Bolivia Partial Agreement of Economic
Complementation (hereinafter called “the Agreement”) and the instruments
and protocols signed or to be signed within its framework shall abide by
the Dispute Settlement Procedure described in this Annex, which is part of
this Agreement.

Article 14

The dispute settlement procedure referred
to in this Annex shall be in force for a maximum of three (3) years, after
which time a new facility shall be established which shall include an
arbitration procedure, to be implemented from the beginning of the fourth
year of the entry into force of this Agreement, at the latest.

Where the Parties fail to complete
negotiations or no agreement is reached on said procedure, within the
timeframe established in the previous paragraph, the Parties shall adopt
the arbitration procedure established in Chapter IV of the Brasilia
Protocol, a copy of which is attached hereto.

MERCOSUR-CHILE

Article 22. The disputes regarding the
interpretation, application of and non-compliance with this Agreement and
the Protocols thereof shall be settled in accordance with the Dispute
Settlement Procedure provided for in Annex 14 thereto.

Annex 14

Article 1

Disputes among the Contracting Parties
regarding the interpretation, application of or non-compliance with the
provisions of the MERCOSUR - Chile Partial Agreement of Economic
Complementation (hereinafter called “the Agreement”) and the instruments
and protocols signed or to be signed within its framework shall abide by
the Dispute Settlement Procedure described in this Annex, which is part of
this Agreement.

Article 14

The dispute settlement procedure referred
to in this Annex shall be in force for a maximum of three (3) years, after
which time a new facility shall be established which shall include an
arbitration procedure, to be implemented from the beginning of the fourth
year of the entry into force of this Agreement, at the latest.

Where the Parties fail to
complete negotiations or no agreement is reached on said procedure, within
the timeframe established in the previous paragraph, the Parties shall
adopt the arbitration procedure established in Chapter IV of the Brasilia
Protocol, a copy of which is attached hereto.

ARGENTINA-CHILE

Article 27

Disputes that may arise in the execution of
this Agreement…

Second Additional Protocol l

Article 1

1. Disputes arising between signatory
countries on the interpretation or application of, or non-compliance with
the provisions of the Economic Complementarity Agreement signed on August
2, 1991, and on the agreements, protocols, and other supplementary
decisions or resolutions signed or to be signed within the framework of
said Agreement, shall be subject to the dispute settlement procedures
established in this Resolution.

ARGENTINA-VENEZUELA

Article 21. Disputes that may arise in the
execution of this Agreement …

BOLIVIA-CHILE

Article 26

For settlement of disputes that may arise
from the interpretation, implementation, or non-enforcement of the
provisions of this Agreement, or any other type of dispute not envisaged
in Chapter V, the signatory countries shall be subject to the procedure
indicated in the following articles.

a) to the prevention or
settlement of all disputes between the Parties concerning the
application and interpretation of this Agreement; and
b) where a Party finds that a current or future measure by the other
Party is inconsistent with the provisions of this Agreement or may cause
nullification or impairment as defined in the Annex to this Article.

Article 19-03: Dispute
Settlement pursuant to GATT

1. Any dispute related to
the application of this Agreement and GATT and the agreements negotiated
under the latter may be settled in either forum, at the claiming Party’s
discretion.

2. Upon initiation of a
dispute settlement procedure in compliance with either Article 19-05
herein or pursuant to GATT, the forum selected shall exclude all other
fora.

3. For the purposes of this
Article, a dispute settlement procedure shall be deemed initiated under
GATT where a Party requests.

a) that a panel be
established pursuant to Article XXIII:2 of GATT 1947; or
b) a committee inquiry, as is the case of Article 20.1 of the Customs
Valuation Code.

Article 19-16:
Interpretation of the Agreement before Domestic Judicial or Administrative
Fora

1. Where a matter related
to the interpretation or application of this Agreement arises during an
internal judicial or administrative proceeding of a Party and the other
Party considers that it should intervene, or where a court or
administrative body of a Party requests the other Party’s opinion, the
Party where the court or administrative body is located shall advise the
other Party and its National Section of the Secretariat. The Commission
shall, at its earliest convenience, agree on an adequate response.

2. The Party where the
court or administrative body is located shall present to such court or
body the Commission’s interpretation, in compliance with the procedures of
the forum in question.

3. Should the Commission
fail to agree on an interpretation, either Party may submit its own
opinion to the court or administrative body, in compliance with the
procedures of the forum in question.

Annex to Article 19-02: Nullification and
Impairment

1. The Parties may have recourse to the
dispute settlement procedure herein where they consider that a measure,
while not inconsistent with this Agreement, is nullifying or impairing the
benefits they may have reasonably expected to accrue from the application
of the following provisions:

2. Regarding any measure subjected to a
waiver pursuant to Article 20-01 (General Exceptions), a Party may not
invoke:

a) Paragraph 1(a) to the extent that the
measure stems from any provision on cross-border trade in services of
Part Two (Trade in Goods):
b) Paragraph 1(b);
c) Paragraph 1(c) to the extent that the measure stems from any
provision on cross-border trade in services of Chapter XIII
(Standardization);
d) Paragraph 1(d); or
e) Paragraph 1(e).

BRAZIL-PERU

Article 33. Differences and disputes that
may arise in carrying out the present agreement will be subject to the
procedure provided for in Annex IV.

Annex IV. Dispute Settlement Mechanism

For the settlement of disputes that may
arise by virtue of the interpretation of the provisions contained in this
agreement, as well as in their application or the failure to comply with
them, or disputes of any other nature, the signatory countries will submit
to the following procedure:…

Article N-04: Recourse to Dispute Settlement Procedures
Except as otherwise provided in this Agreement, the dispute settlement
provisions of this Chapter shall apply with respect to the avoidance or
settlement of all disputes between the Parties regarding the
interpretation or application of this Agreement or wherever a Party
considers that an actual or proposed measure of the other Party is or
would be inconsistent with the obligations of this Agreement or cause
nullification or impairment in the sense of Annex N-04.

Article N-05: WTO Dispute Settlement

1. Subject to paragraph 2, disputes
regarding any matter arising under both this Agreement and the WTO
Agreement, any agreement negotiated thereunder, or any successor
agreement, may be settled in either forum at the discretion of the
complaining Party.

2. In any dispute referred to in paragraph
1 where the responding Party claims that its action is subject to Article
A-04 (Relation to Environmental and Conservation Agreements) and requests
in writing that the matter be considered under this Agreement, the
complaining Party may, in respect of that matter, thereafter have recourse
to dispute settlement procedures solely under this Agreement.

3. The responding Party shall deliver a
copy of a request made pursuant to paragraph 2 to its Section of the
Secretariat and the other Party. Where the complaining Party has initiated
dispute settlement proceedings regarding any matter subject to paragraph
2, the responding Party shall deliver its request no later than 15 days
thereafter. On receipt of such request, the complaining Party shall
promptly withdraw from participation in those proceedings and may initiate
dispute settlement procedures under Article N-07.

4. Once dispute settlement procedures have
been initiated under Article N-07 or dispute settlement proceedings have
been initiated under the WTO Agreement, the forum selected shall be used
to the exclusion of the other, unless a Party makes a request pursuant to
paragraph 2.

5. For purposes of this Article, dispute
settlement proceedings under the WTO Agreement are deemed to be initiated
by a Party's request for a panel, such as under Article 6 of the DSU.

Article N-19: Referrals of Matters from
Judicial or Administrative Proceedings

1. If an issue of interpretation or
application of this Agreement arises, in any domestic judicial or
administrative proceeding of a Party, that either Party considers would
merit its intervention, or if a court or administrative body solicits the
views of a Party, that Party shall notify its Section of the Secretariat
and the other Party. The Commission shall endeavour to agree on an
appropriate response as expeditiously as possible.

2. The Party in whose territory the court
or administrative body is located shall submit any agreed interpretation
of the Commission to the court or administrative body in accordance with
the rules of that forum.

3. If the Commission is unable to agree,
each Party may submit its own views to the court or administrative body in
accordance with the rules of that forum.

Article N-20: Private Rights

Neither Party may provide for a right of
action under its domestic law against the other Party on the ground that a
measure of the other Party is inconsistent with this Agreement.

Annex N-04: Nullification and Impairment

1. If a Party considers that any benefit it
could reasonably have expected to accrue to it under any provision of:

(a) Part Two (Trade in Goods), except for
those provisions of Annex C-00-A (Trade and Investment in the Automotive
Sector) relating to investment; or
(b) Chapter H (Cross-Border Trade in Services),

is being nullified or impaired as a result
of the application of any measure that is not inconsistent with this
Agreement, the Party may have recourse to dispute settlement under this
Chapter.

2. A Party may not invoke:

(a) paragraph 1(a), to the extent that
the benefit arises from any cross-border trade in services provision of
Part Two or Three; or
(b) paragraph 1(b),

with respect to any measure subject to an
exception under Article O-01 (General Exceptions).

CHILE-COLOMBIA

Article 32. For settlement of disputes that
may arise from the interpretation, implementation or non-enforcement of
the provisions of this Agreement, or any other type of dispute not
envisaged in Chapter VI, the signatory countries shall be subject to the
following procedure:

…

Article 33…. The Commission shall have the
following attributions:

(c) To propose to the governments of the
signatory countries the recommendations it deems advisable to settle the
disputes that may arise from the interpretation and application of this
Agreement.

CHILE-ECUADOR

Article 32. For the settlement of disputes
that may arise as a result of the interpretation of the provisions
contained in this agreement, as well as of its application or
non-fulfillment or of any other nature distinct from that provided for in
Chapter VI, the signatory countries will submit to the following
procedure: …

Article 33… . The Committee will have the
following attributions: …

c) To propose to the governments of the
signatory countries the recommendations that it deems appropriate to
settle disputes that may arise on the interpretation and enforcement of
the agreement;

CHILE- MEXICO

Article 33.
In order to settle disputes that may arise from the interpretation of the
provisions of this Agreement as well as from its application and
non-compliance therewith, or disputes of any other nature not covered in
the provisions of Chapter VI, the signatory countries shall take the
following action: (…)

Article 34…. The Committee shall have the
following attributions: ….

(c) to propose to the Governments of the
signatory countries the recommendations that it deems appropriate for
the settlement of disputes that may arise in the interpretation and
application of this Agreement.

Free Trade Agreement

Article 17-01: Free Trade
Commission …

2. The Commission shall have the following
functions: …

c. to resolve any
disputes arising from the interpretation or application hereof.

a. to the prevention or
settlement of all disputes arising between the Parties as a result of
the application or interpretation of this Treaty; and
b. when one of the Parties considers that a measure in force or proposed
by the other Party is or could be incompatible with the obligations
hereof or could cause cancellation or loss pursuant to annex 18-02.

Article 18-03: Settlement
of disputes in accordance with the WTO Agreement

1. All disputes arising out of this Treaty,
the WTO Agreement, and agreements negotiated in accordance therewith, may
be resolved in either forum, at the choice of the objecting Party.

2. Once a dispute settlement procedure has
been initiated in accordance with article 18.05, or in accordance with the
WTO Agreement, the forum selected shall be exclusive unless one of the
Parties submits a request in accordance with paragraph 3.

3. In the disputes referred to in paragraph
1, when the Party affected alleges that its action is subject to article
1-06 (Concerning environmental and conservation treaties), and requests in
writing that the matter be examined as specified herein, the objecting
Party may only have recourse subsequently, in this regard, to the
settlement dispute procedures established herein.

4. The Party affected shall deliver a copy
of the request prepared in accordance with paragraph 3 to the other Party
and to its own section of the Secretariat. When the objecting Party has
initiated the dispute settlement procedure in any matter covered in
paragraph 3, the Party affected shall deliver the respective request
within 15 days. Upon receipt of the request, the objecting Party shall
refrain thenceforth from intervening in such procedures and shall initiate
the dispute settlement procedure in accordance with article 18-05.

5. For the purposes of this article,
dispute settlement procedures will be considered to have been initiated in
accordance with the WTO Agreement when one of the Parties requests the
formation of a special group in accordance with article 6 of the
Understanding relative to the rules and procedures for settling disputes,
which forms part of the WTO Agreement.
…
Article 18-17: Interpretation of the Treaty by internal judicial and
administrative authorities

1. If an issue of interpretation or
application of this Treaty arises in internal judicial or administrative
proceedings of one of the Parties, and the other Party considers that it
warrants intervention, or if an administrative or judicial authority of
one of the Parties seeks the opinion of the other Party, the Party in
whose territory such authority is located shall notify the other Party or
its section in the Secretariat. The Commission shall agree as promptly as
possible on a suitable response.

2. The Party in whose territory such
judicial or administrative authority is located shall present to the
latter any interpretation agreed on by the Commission, in accordance with
the procedures of this forum.

3. If the Commission is unable to reach
agreement, either Party may submit its own opinion to the judicial or
administrative authority, in accordance with the procedures of this forum.

Article 18-18: Rights of
individual

Neither Party may grant a right of action
in its legislation against the other Party on grounds that a measure
adopted by the other Party is incompatible with this Treaty.
…
Annex 18-02

Nullifcation and impairment

1. Either Party may have recourse to the
dispute settlement mechanism described herein when, as a result of the
application of a measure not in violation of the Treaty, the party
considers that benefits are being nullified or impaired that it could
reasonably have expected to receive from the application:

a. of the Second Part (Trade in goods);
b. of the Third Part (Technical standards);
c. of chapter 10 (Cross-border trade in services); or
d. of chapter 15 (Intellectual property).

2. With respect to measures subject to a
waiver in accordance with article 19-02 (General waivers), neither Party
may invoke:

a. paragraph 1(a) or (b)
insofar as the benefit is derived from any provision on cross-border
trade in services in the Second Part (Trade in goods) or the Third Part
(Technical standards);
b. paragraph 1(c); or
c. paragraph 1(d).

CHILE- PERU

Article 30

Disputes arising from the interpretation,
application, or non-enforcement of this Agreement, its Annexes and the
protocols signed within the framework of said Agreement shall be settled
in accordance with the Dispute Settlement Regime set forth in Annex 8 of
this Agreement.

Annex 8 - Dispute Settlement Regime

Article 1

Disputes arising between the signatory
countries regarding the interpretation, application, or non-enforcement of
the provisions of the Economic Complementarity Agreement between Chile and
Peru for the Establishment of a Free Trade Area, hereinafter “the
Agreement,” or any other type of dispute different from those envisaged in
Chapter VI of the Agreement, shall be subjected to the Dispute Settlement
procedure established in this Annex, which is an integral part of the
Agreement.

Article 17

Disputes arising in relation to the
provisions of this Agreement, the Marrakesh Agreement establishing the
World Trade Organization (hereinafter the “WTO Agreement”), and the
agreements negotiated in accordance therewith, may be settled in either
forum, at the election of the signatory country filing the complaint.
Once a dispute settlement procedure has been initiated in accordance with
this Annex, or in accordance with the WTO Agreement, the forum selected
shall be exclusive of the other.
For purposes of this article, the dispute settlement procedures shall be
deemed to have been initiated in accordance with the WTO Agreement when a
signatory country requests the formation of a panel pursuant to Article 6
of the Understanding on Rules and Procedures Governing the Settlement of
Disputes

CHILE-VENEZUELA

Article 31. For settlement of disputes that
may arise from the interpretation, implementation or non-enforcement of
the provisions of this Agreement, or any other type of dispute not
envisaged in Chapter VI, the signatory countries shall be subject to the
following procedure:
…
Article 33…. The Commission shall have the following attributions:
3. To propose to the governments of the signatory countries the
recommendations it deems advisable to settle the disputes that may arise
from the interpretation and application of this Agreement.

COLOMBIA-HONDURAS

Article 20. In order to ensure a direct
information channel that would facilitate the enforcement of this
Agreement and help achieve the objectives thereof, the Governments of the
Signatory Countries shall establish an administrative authority to process
any consultations by the Parties and administer the provisions of this
Agreement on a permanent basis.

COLOMBIA-NICARAGUA

Article 19. In order to ensure a direct
information channel that would facilitate the enforcement of this
Agreement and help achieve the objectives thereof, the Governments of the
Signatory Countries shall establish an administrative authority to process
any consultations by the Parties and administer the provisions of this
Agreement on a permanent basis.

COSTA RICA-ARGENTINA

Article 9 To facilitate compliance with and
development of this Agreement, the Contracting Parties agree to set up a
Joint Costa Rican-Argentine Economic Cooperation and Trade Commission….
This Commission may, inter alia:
….

c) Settle all disputes that may arise in
the process of enforcing this Agreement.

COSTA RICA-COLOMBIA

Article 18. In order to ensure a direct
information channel that would facilitate the enforcement of this
Agreement and help achieve the objectives thereof, the Governments of the
Signatory Countries shall establish an administrative authority to process
any consultations by the Parties and administer the provisions of this
Agreement on a permanent basis.

a. to the prevention or settlement of all
disputes between the Parties concerning the application and
interpretation of this Agreement; and
b. where a Party finds that a current or future measure by another Party
is inconsistent with the provisions of this Agreement or may cause
nullification or impairment as defined in the Annex to this Article.

Article 17-03: Dispute Settlement pursuant
to GATT

1. Any dispute related to the application
of this Agreement and GATT or the agreements negotiated under the latter
may be settled in either forum, at the claiming Party’s discretion.

2. Upon initiation of a dispute settlement
procedure in compliance with either Article 17-06 herein or pursuant to
GATT, the forum selected shall exclude all other fora.

3. For the purposes of this Article, a
dispute settlement procedure shall be deemed initiated under GATT where a
Party requests

a. that a panel be established pursuant
to Article XXIII:2 of GATT; or
b. a committee inquiry pursuant to agreements negotiated under GATT, as
is the case of Article 20.1 of the Customs Valuation Code

…
Article 17-17: Judicial and Administrative Fora

1. Where a matter related to the
interpretation or application of this Agreement arises during an internal
judicial or administrative proceeding of a Party and the other Party
considers that it should intervene, or where a court or administrative
body of a Party requests the other Party’s opinion, the Party where the
court or administrative body is located shall advise the other Party and
its National Section of the Secretariat. The Commission shall, at its
earliest convenience, agree on an adequate response.

2. The Party where the court or
administrative body is located shall present to such court or body the
Commission’s interpretation, in compliance with the procedures of the
forum in question.

3. Should the Commission fail to reach an
agreement, any of the Parties may submit its own opinion to the court or
administrative body, in compliance with the procedures of the forum in
question.

Annex to Article 17-02: Nullification and Impairment

1. A Party may have recourse to the dispute
settlement procedure herein where it considers that a measure, while not
inconsistent with this Agreement, is nullifying or impairing the benefits
it may have reasonably expected to accrue from the application of the
following provisions:

2. Regarding any measure subjected to a
waiver pursuant to Articles 9-16 (Waivers) or 18-01 (General Exceptions),
a Party may not invoke

a. Paragraph 1(a) to the extent that the
measure stems from any provision on cross-border trade in services of
Part Two (Trade in Goods):
b. Paragraph 1(b);
c. Paragraph 1(c) to the extent that the measure stems from any
provision on cross-border trade in services of Chapter XI
(Standardization);
d. Paragraph 1(d); or
e. Paragraph 1(e).

…
To serve as a forum for settling disputes that may arise between the
Contracting Parties from the application of this Agreement.

COSTA RICA-VENEZUELA

Basic Convention

Article 8 The Contracting Parties shall
make all efforts to settle, through direct diplomatic negotiations, any
disputes that may arise between them, related to the interpretation or
execution of this Agreement.

Convention of Partial Scope

Article 46.- The Commission…shall have,
inter alia, the following attributions:

…
2. To submit to the governments of the signatory countries
recommendations deemed appropriate to settle disputes that may occur
concerning the interpretation and application of this Agreement.

DOMINICAN REPUBLIC-COSTA RICA

Article XI The Contracting Parties agree to
create a standing Joint Commission to execute the Clauses of this
Agreement,…whose functions shall be: …

f) To ensure compliance with the
provisions of the Agreement and to settle problems and disputes that
arise in applying said provisions.

Article XVI Any disputes that may arise
concerning the interpretation and application of any of the clauses of
this Contract shall be settled peacefully between the Parties, in a spirit
of collaboration and for the benefit of both Parties.

ECUADOR-ARGENTINA

Article 23. Disputes that may arise as a result of the
implementation of this Agreement shall be settled by direct negotiations
between the signatory countries…Likewise, the Council shall approve a
final dispute settlement procedure six months after its establishment.

ECUADOR-MEXICO

Article 33
3) Make such recommendations to the governments of the signatory countries
as deemed appropriate to settle disputes that may arise as a result of the
interpretation and application of this Agreement.

ECUADOR-PARAGUAY

Article 40. To submit to the governments of the
signatory countries proposals deemed appropriate for settling disputes
that may arise as a result of the interpretation and application of this
Agreement.

ECUADOR-URUGUAY

Article 22. Disputes that may arise as a result of the
implementation of this Agreement shall be settled by direct negotiations
between the signatory countries…Likewise, the Council shall approve a
final dispute settlement procedure six months after its establishment.

EL SALVADOR-COLOMBIA

Article 19. In order to ensure a direct
information channel that would facilitate the enforcement of this
Agreement and help achieve the objectives thereof, the Governments of the
Signatory Countries shall establish an administrative authority to process
any consultations by the Parties and administer the provisions of this
Agreement on a permanent basis.

GUATEMALA-COLOMBIA

Article 19. In order to ensure a direct
information channel that would facilitate the enforcement of this
Agreement and help achieve the objectives thereof, the Governments of the
Signatory Countries shall establish an administrative authority to process
any consultations by the Parties and administer the provisions of this
Agreement on a permanent basis.

MEXICO - NICARAGUA

Article 19-01: Administrative Commission
…2. The Commission shall have the
following functions: …

c.
To settle any dispute concerning the interpretation and application of
this Agreement;

a. to the prevention or settlement of all
disputes between the Parties concerning the application and
interpretation of this Agreement; and
b. where a Party finds that a current or future measure by another Party
is inconsistent with the provisions of this Agreement or may cause
nullification or impairment as defined in the Annex to this Article.

Article 20-03: Dispute Settlement under the
Agreement Establishing the WTO

1. Any dispute related to the application
of this Agreement and the Agreement Establishing the WTO may be settled in
either forum, at the claiming Party’s discretion.

2. Upon initiation of a dispute settlement
procedure in compliance with either Article 20-06 herein or pursuant to
the Agreement Establishing the WTO, the forum selected shall exclude all
other fora.

3. For the purposes of this Article, a
dispute settlement procedure shall be deemed initiated under the Agreement
Establishing the WTO where a Party requests that a panel be established
pursuant to Article 6 of the Understanding Concerning the Rules and
Procedures Governing the Settlement of Disputes under the WTO.

1. Where a matter related to the
interpretation or application of this Agreement arises during an internal
judicial or administrative proceeding of a Party and the other Party
considers that it should intervene, or where a court or administrative
body of a Party requests the other Party’s opinion, the Party where the
court or administrative body is located shall advise the other Party and
the National Secretariat. The Commission shall, at its earliest
convenience, agree on an adequate response.

2. The Party where the court or
administrative body is located shall present to such court or body the
Commission’s response, in compliance with the procedures of the forum in
question.

3. Should the Commission fail to reach an
agreement, either Party may submit its own opinion to the court or
administrative body, in compliance with the procedures of the forum in
question.

Annex to Article 20-02: Nullification and
Impairment

1. The Parties may have recourse to the
dispute settlement procedure herein where they consider that a measure,
while not inconsistent with this Agreement, is nullifying or impairing the
benefits they may have reasonably expected to accrue from the application
of the following provisions:

a. Part Two (Trade in Goods);
b. Chapter X (General Principles on Trade in Services);
c. Part Four (Technical Barriers to Trade)
d. Part Five (Government Procurement)
e. Part Seven (Intellectual Property)

2. Paragraph 1 shall apply even where the
defending Party invokes a general exception under Article 21-01, unless
the exception applies to cross-border trade in services.

PANAMA-COLOMBIA

Article 32. Disputes that may arise in the
execution of this Agreement shall be settled by means of direct
consultations between the coordinating entities of the Parties.
…
Moreover, the Council shall approve a permanent system for the settlement
of disputes within six (6) months of its establishment, using as a frame
of reference international guidelines in this area.

PANAMA-COSTA RICA

Article 24
The Permanent Mixed Commission shall have the following attributions:
….

d) To study and resolve any problems and
conflicts related to the application of this treaty and any unfair trade
practices that may affect the trade regime established by the treaty;

Article 25
The Signatory States agree to resolve any differences that may come up
regarding the interpretation or implementation of any of the clauses of
this treaty within the spirit of the treaty and in accordance with the
provisions of its Rules.

Rules

Article 17: The Permanent Mixed Commission
shall have the following attributions:
…

e) To study and resolve any problems and
conflicts related to the application of this treaty and any unfair trade
practices that may affect the trade regime established by the treaty;

….
Article 27: Any differences and disputes between the parties regarding the
interpretation or implementation of the Treaty and Rules shall initially
be resolved by the Administrative Authorities in direct contact with each
other. …

PANAMA- DOMINICAN REPUBLIC

Article XVII

The Permanent Mixed Commission shall have
the following attributions: ….

c. To study and resolve any problems and
conflicts related to the implementation of this treaty and any unfair
trade practices that may affect the trade regime established by the
treaty;

Article XVIII

The Contracting Parties agree to settle any
disputes regarding the interpretation or implementation of any of the
clauses of this agreement, within the spirit thereof and pursuant to the
provisions of its Regulations.

PANAMA-EL SALVADOR

Article 18

The States Parties agree to settle
fraternally within the spirit of this Treaty, disputes that may arise as
to the interpretation or application of any provisions herein, in
accordance with the Rules.

… In no case shall the Parties take
unilateral restrictive trade measures without prior consultation within
the Permanent Mixed Commission.

Rules

Article 20: The Permanent Mixed Commission
shall have the following attributions:
….

e. To study and settle problems and
disputes with regard to application of the Treaty and these Rules, as
well as unfair trade practices affecting the trade regime established in
the Treaty;

Article 30: Differences and disputes
arising between the Parties from the interpretation or application of the
Treaty or Regulations shall, in the first instance, be settled by the
States Parties through direct settlement between the Administrative
Authorities.

PANAMA-GUATEMALA

Article 22
The Permanent Mixed Commission shall have the following attributions:
….

d) To study and resolve any problems and
conflicts related to the application of this treaty and any unfair trade
practices that may affect the trade regime established by the treaty.

Article 23
The Signatory States agree to resolve any differences that may come up
regarding the interpretation or implementation of any of the clauses of
this treaty within the spirit of the treaty and in accordance with the
provisions of its Rules.

Rules

Article 20: The Permanent Mixed Commission
shall have the following attributions:
….

e) To study and resolve any problems and
disputes related to the application of the Treaty and these Rules, and
any unfair trade practices that may affect the trade regime established
by the Treaty.

Article 31: Any differences and disputes
between the parties regarding the interpretation or implementation of the
Treaty and Rules shall initially be resolved by the Administrative
Authorities in direct contact with each other.

PANAMA-HONDURAS

Article 24

The Permanent Mixed Commission shall have
the following attributions: ….

d) To study and settle any dispute
concerning the application of this Agreement and any unfair trade
practices affecting the trading system established;

Article 25

The Signatory States agree to settle within
the spirit of this Treaty and in conformity with its rules, disputes that
may arise in the interpretation or application of any of its norms.

c) To propose to the Governments of the
Contracting Parties the recommendations that it deems appropriate for
resolving any conflicts that may arise from the interpretation and
application of this Agreement and, where necessary, propose its
modification;

PANAMA - NICARAGUA

Article 24
The Permanent Mixed Commission shall have the following attributions:
…

d) To study and resolve any problems and
conflicts related to the implementation of this Treaty and any unfair
trade practices that may affect the trade regime established by the
Treaty;

Article 25

The Signatory States agree to resolve any
differences that may come up regarding the interpretation or application
of any of the clauses of this treaty within the spirit of the Treaty and
in accordance with the provisions of its duly published Rules.

Rules

Article 16: The Permanent Mixed Commission
shall have the following attributions:
….

f) To study and resolve any problems and
disputes related to the implementation of the Treaty and these Rules,
and any unfair trade practices that may affect the trade regime
established by the Treaty;

Article 26: Any differences and disputes
between the parties regarding the interpretation or application of the
Treaty and the Rules, as well as competition problems facing an enterprise
or branch of industry, shall be resolved by the Administrative Authorities
in direct contact with each other.

Single Article
...
1. Any member State may request that consultations be held with any member
country or countries which, in their view, take measures that are
inconsistent with the commitments undertaken by virtue of the provisions
of the 1980 Treaty of Montevideo or of relevant resolutions of the
Association. The request shall also be forwarded to the Committee of
Representatives. Negotiating conditions established in any of the
liberalization mechanisms set forth in the 1980 Treaty of Montevideo shall
not be included in this Resolution.

2. All requests must be duly justified by
attaching thereto the necessary background documentation to that effect.

3. Consultations shall begin within five
days after the request is processed and shall conclude ten working days
after consultations begin. In this regard, the member countries agree to
respond diligently to requests for consultations submitted to them, and to
carry them out without delay in order to reach a mutually satisfactory
solution.
Once the consultation is concluded, the requesting country shall
communicate the results to the Committee of Representatives.

4. Should no satisfactory solution be
achieved between the parties directly involved in the dispute at the end
of the consultation period, the member countries may submit the matter to
the Committee of Representatives, as provided in Article 34 (m) of the
1980 Treaty of Montevideo.

GROUP OF THREE

Article 19-01: Cooperation.
The Parties shall at all times endeavor to reach agreement on the
interpretation and the application of this Treaty through cooperation and
consultations, and shall attempt to arrive at a mutually satisfactory
resolution of any matter that might affect its operation.

Article 19-05: Consultations.

1. A Party may request, in writing,
consultations with any other Party regarding any measure or other matter
that it considers might affect the operation of the Treaty.

2. The Party initiating the procedure in
accordance with paragraph 1 shall deliver the request to the responsible
national bodies of the other Parties.
…
4. The consulting Parties shall:

a) provide information to enable an
examination of how the measure or other matter might affect the
operation of the Treaty;
b) seek to avoid any resolution that unfavorably affects the interests
of the third Party; and
c) treat any confidential information exchanged during consultations in
the same manner that the Party that provided it.

MERCOSUR

Treaty of Asuncion

Annex III: Settlement of Disputes

1. Any dispute arising between the States
Parties as a result of the application of the Treaty shall be settled by
means of direct negotiations.

Protocol of Brasilia

Article 2

The State Parties to any dispute shall
first attempt to resolve it through direct negotiations.

Article 3

1. In any dispute, the State Parties will
inform the Common Market Group, through the Administrative Secretariat,
regarding the actions that are undertaken during the negotiations and
their results.

2. The direct negotiations cannot, except
pursuant to an agreement between the parties, exceed a time limit of
fifteen (15) days from the date that one of the State Parties originally
raised the dispute.

Rules

Article 2. The direct negotiations referred
to in Article 2 of the Brasilia Protocol will be carried out through the
National Coordinators of the Common Market Group (CMG) of the States
involved in the dispute.

Article 3: The period of fifteen (15) days
established in Article 3.2 of the Brasilia Protocol shall be calculated
from the date on which the State Party raising a dispute informs the other
State Party or States Parties involved of its complaint. It shall so
inform them through the national Coordinators of the CMG.

NAFTA

Article 2003: Cooperation

The Parties shall at all times endeavor to
agree on the interpretation and application of this Agreement, and shall
make every attempt through cooperation and consultations to arrive at a
mutually satisfactory resolution of any matter that might affect its
operation.

Article 2006: Consultations

1. Any Party may request in writing
consultations with any other Party regarding any actual or proposed
measure or any other matter that it considers might affect the operation
of this Agreement.

2. The requesting Party shall deliver the
request to the other Parties and to its Section of the Secretariat.
….
4. Consultations on matters regarding perishable agricultural goods shall
commence within 15 days of the date of delivery of the request.

5. The consulting Parties shall make every
attempt to arrive at a mutually satisfactory resolution of any matter
through consultations under this Article or other consultative provisions
of this Agreement. To this end, the consulting Parties shall:

(a) provide sufficient information to
enable a full examination of how the actual or proposed measure or other
matter might affect the operation of this Agreement;
(b) treat any confidential or proprietary information exchanged in the
course of consultations on the same basis as the Party providing the
information; and
(c) seek to avoid any resolution that adversely affects the interests
under this Agreement of any other Party.

CENTRAL AMERICA - DOMINICAN REPUBLIC

Article 16:02: Cooperation

The Parties shall endeavor
to reach agreement on the interpretation and the application of this
Treaty through cooperation and consultations, and shall attempt to arrive
at a mutually satisfactory resolution of any matter that might affect its
operation.

Article 16.06: Consultations

1. Any Party may request in
writing consultations with the other Party or Parties regarding any actual
or proposed measure or any other matter that it considers might affect the
operation of this Treaty within the terms of Article 16.03.

2. The requesting Party
shall deliver the request to the Council and to the other Parties.

3. The consulting Parties
shall:

a. provide the
information to enable an examination of how the actual or proposed
measure might affect the operation of this Treaty;
b. treat any confidential information exchanged during the consultation
in the same manner as the Party providing it; and
c. seek to avoid any resolution that adversely affects the interests of
any other Party under this Agreement.

MERCOSUR-BOLIVIA

Annex 11

Article 2

The Parties shall endeavor to settle the
disputes referred to in Article 1 above through reciprocal consultations
and direct negotiations in order to achieve a mutually satisfactory
solution.

Article 3

Any of the Parties to a dispute may request
in writing to the other Party to hold consultations and direct
negotiations and shall advise the Administrative Commission, hereinafter
called “the Commission.”

Article 4

The Parties shall provide the necessary
information to examine the case and shall keep such information
confidential. The Parties shall initiate negotiations to agree on a
solution. Negotiations shall take no longer than thirty (30) days from the
date a formal request for consultations was received, unless the Parties
agree to extend such period for another thirty (30) days.

MERCOSUR-CHILE

Annex 14

Article 2

The Parties shall endeavor to settle the
disputes referred to in Article 1 above through reciprocal consultations
and direct negotiations in order to achieve a mutually satisfactory
solution.

Article 3

Any of the Parties to a dispute may request
in writing to the other Party to hold consultations and direct
negotiations and shall advise the Administrative Commission, hereinafter
called “the Commission.”

Article 4

The Parties shall provide the necessary
information to examine the case and shall keep such information
confidential. The Parties shall initiate negotiations to agree on a
solution. Negotiations shall take no longer than thirty (30) days from the
date a formal request for consultations was received, unless the Parties
agree to extend such period for another thirty (30) days.

ARGENTINA-CHILE

Article 27

Disputes that may arise in the execution of
this Agreement shall be settled through direct negotiations between the
signatory countries.

Second Additional Protocol

Article 2

The signatory countries shall make efforts
to settle the disputes referred to in Article 1 through direct
negotiations.

Article 3

1. The countries party to a dispute shall
report any action taken during the negotiations and the results thereof to
the Economic Complementarity Council (hereinafter “the Council”),
established by Article 28 of the Economic Complementarity Agreement,
through the respective national coordinating agencies envisaged in Article
7 of Council Resolution 1.

2. The direct negotiations may not exceed a
time limit of 30 days from the date on which one of the signatory
countries filed the dispute, unless otherwise agreed between the parties.

ARGENTINA-VENEZUELA

Article 21. Disputes that may arise in the
execution of this Agreement shall be settled through direct negotiations
between the signatory countries.

BOLIVIA-CHILE

Article 27

The signatory country that considers itself
affected by a situation of application inconsistent with the law or based
on an interpretation that is not shared, or noncompliance with the rules
of this Agreement, shall communicate its observations in this regard to
the other signatory country, through the competent national body referred
to in Article 23, and the other signatory shall respond thereto within no
more than 15 days.

In case the signatory country to whom the
request is made fails to respond within the time indicated or that its
response does not satisfy the affected signatory country, direct
negotiation procedures shall be instituted, immediately, through the
competent national agencies referred to in Article 23 or before the
Administrative Commission, at the election of the affected signatory
country. In the event of the latter choice, the Commission shall be
convened within no more than 20 days of notification of the application by
the affected signatory country.

To better carry out its duty, the
Administrative Commission may request technical opinions from individual
specialists or independent specialized agencies, which it shall take into
consideration as additional elements of the case.

Article 28

Should the direct negotiations through the
competent national agencies or before the Administrative Commission not
lead to a mutually satisfactory settlement of the dispute submitted,
within 30 days, subject to extension by mutual agreement, the dispute
shall be referred for consideration and judgment to an Arbitration
Commission … .

BOLIVIA- MEXICO

Article 19-01: Cooperation

The Parties shall at all times endeavor to
reach agreement on the interpretation and the application of this Treaty
through cooperation and consultations and shall attempt to arrive at a
mutually satisfactory resolution of any matter that might affect its
operation.

Article 19-04:
Consultations

1. Any Party may request in
writing consultations regarding any actual or proposed measure or on any
other matter that it considers might affect the operation of this Treaty.

2. The Party initiating the
consultations in accordance with Paragraph 1 shall deliver its request to
the National Section of the Secretariat and to the other Party.

3. The Parties shall:

a) provide the
information to enable an examination of how the actual or proposed
measure, or any other matter might affect the operation of this
Agreement; and
b) treat any confidential information exchanged during consultations in
the same manner that the Party that provided it.

BRAZIL-PERU

Annex IV. Dispute Settlement Mechanism
….
a) The affected party shall notify the dispute to the Administrative
Commission with a view to immediate initiation of consultations on the
case by the competent authorities. If within a period of forty-five days
from the date of receipt of the notification, a satisfactory settlement of
the dispute is not achieved, the affected party shall request the
intervention of the Administrative Commission of the Agreement.

CANADA-CHILE

Article N-03: Cooperation

The Parties shall at all times endeavour to
agree on the interpretation and application of this Agreement, and shall
make every attempt through cooperation and consultations to arrive at a
mutually satisfactory resolution of any matter that might affect its
operation.

Article N-06: Consultations

1. A Party may request in writing
consultations with the other Party regarding any actual or proposed
measure or any other matter that it considers might affect the operation
of this Agreement.

2. The requesting Party shall deliver the
request to its Section of the Secretariat and the other Party.

3. Consultations on matters regarding
perishable agricultural goods shall commence within 15 days of the date of
delivery of the request.

4. The Parties shall make every attempt to
arrive at a mutually satisfactory resolution of any matter through
consultations under this Article or other consultative provisions of this
Agreement. To this end, the Parties shall:

(a) provide sufficient information to
enable a full examination of how the actual or proposed measure or other
matter might affect the operation of this Agreement; and
(b) treat any confidential or proprietary information exchanged in the
course of consultations on the same basis as the Party providing the
information.

CHILE-COLOMBIA

Article 32.…. (a) The affected party shall
file a complaint with the competent national body referred to in Article
33 of this Agreement, which shall immediately initiate consultations on
the matter with the competent body of the other party.

If the dispute that was raised is not
resolved within a period of twenty days as from the filing of the
complaint, the competent national agency that initiated the consultations
shall request the intervention of the Administrative Commission provided
for in Article 33 of this Agreement.

CHILE-ECUADOR

Article 32…. (a) The affected party shall
file a complaint with the competent national body referred to in Article
33 of this Agreement, which shall immediately initiate consultations on
the matter with the competent body of the other Party.
If the dispute that was raised is not resolved within a period of twenty
days as from the filing of the complaint, the competent national body that
initiated the consultation shall request the intervention of the
Administrative Commission provided for in Article 33 of this Agreement.

CHILE- MEXICO

Article 33. …(a) The affected party shall
file a complaint with the competent national body referred to in Article
34 of this Agreement, which shall immediately initiate consultations on
the matter with the competent body of the other party.
If the dispute that was raised is not resolved within a period of 15 days,
as from the filing of the complaint, the competent national body that
initiated the consultations shall request the intervention of the
Administrative Commission provided for in Article 34 of this Agreement.

Free Trade Agreement

Article 18-01: Cooperation

The Parties shall at all
times endeavor to agree on the interpretation and application of this
Treaty through cooperation and consultation, and shall attempt to reach a
mutually satisfactory resolution of any matter that might adversely affect
its operation.
…
Article 18-04: Consultations

1. A Party may request in
writing consultations with the other Party regarding any actual or
proposed measure or any other matter that it considers might affect the
operation of this Treaty.

2. The Party initiating
consultations in accordance with paragraph 1 shall deliver its request to
its section of the Secretariat and to the other Party.

3. Consultations on matters
regarding perishable agricultural goods shall commence within 15 days of
the date of delivery of the request.

4. The Parties shall:

a. provide the
information to enable an examination of how the actual or proposed
measure or any other matter might affect the operation of this Treaty;
and
b. treat any confidential information exchanged during the consultations
in the same manner as the Party providing it.

5. The Parties, by mutual
agreement, may request directly that the Commission meet in accordance
with article 18-05, even when the consultations provided in this article
have not been held.

CHILE- PERU

Annex 8

Article 2 The Signatory Countries shall
attempt to settle the disputes referred to in Article 1 through reciprocal
consultations and direct negotiations to arrive at a mutually satisfactory
resolution.

Article 3 The affected Signatory Country
shall file a complaint with the competent national body referred to in
Article 33 of the Agreement, which shall immediately initiate
consultations on the matter with the competent national body of the other
Signatory Country.

Article 4 The Signatory Countries shall
provide the information to enable an analysis of the matter, treating this
information as confidential, and shall conduct negotiations between
themselves to reach a resolution. These negotiations shall not last longer
than twenty (20) days from the date of receipt of the formal request to
initiate consultations.

CHILE-VENEZUELA

Article 31

1. The affected party shall file a
complaint with the competent national body referred to in Article 33 of
this Agreement, which shall immediately initiate the consultations on the
matter with the competent body of the other party.

If the dispute that was raised is not
resolved within a period of 15 days, as from the filing of the complaint,
the competent national body that initiated the consultations shall request
the intervention of the Administrative Commission provided for in Article
33 of this Agreement.

COLOMBIA-HONDURAS

Article 20. In order to establish a direct
information channel that facilitates the application, and the better
achievement of the objectives of the present Agreement, the Governments of
the signatory countries shall designate an administrative authority that
on a permanent basis attends to consultations by any of the Parties and
administers the provisions of this Agreement.

COLOMBIA-NICARAGUA

Article 19. In order to establish a direct
information channel that facilitates the application, and the better
achievement of the objectives of this Agreement, the Governments of the
signatory countries shall designate an administrative authority that on a
permanent basis attends to consultations by any of the Parties and
administers the provisions of this Agreement.

COSTA RICA-COLOMBIA

Article 18. In order to establish a direct
information channel that facilitates the application, and the better
achievement of the objectives of the present Agreement, the Governments of
the signatory countries shall designate an administrative authority that
on a permanent basis attends to consultations by any of the Parties and
administers the provisions of this Agreement.

COSTA RICA- MEXICO

Article 17:01: Cooperation

The Parties shall at all times endeavor to
agree on the interpretation and application of this Agreement through
cooperation and consultation, and shall attempt to arrive at a mutually
satisfactory resolution of any matter affecting its operation.

Article 17-04: Perishable Goods

In any dispute regarding perishable goods,
the Parties, the Commission, and the arbitral tribunal referred to in
Article 17-07 shall make every effort to accelerate the procedure to the
greatest extent possible. To that effect, the Parties shall try to reduce
by common agreement the time periods established in this chapter.

Article 17-05: Consultation

1. A Party may request in writing
consultations with the other Party regarding any actual or proposed
measure or any other matter that it considers might affect the operation
of this Agreement within the terms of Article 17-02.

2. The requesting Party shall deliver the
request to its national section of the Secretariat and to the other Party.

3. The Parties shall:

a. provide the information to enable an
examination of how the actual or proposed measure, or any other matter,
might affect the operation of this Treaty;
b. treat any confidential information exchanged during the consultations
in the same manner as the Party providing it.

COSTA RICA-VENEZUELA

Basic Convention

Article 8 The Contracting Parties shall
make efforts to settle, through direct diplomatic negotiations, any
disputes that may arise between them, by reason of the interpretation or
enforcement of this Convention.

Convention of Partial Scope

Article 47 In order to establish a direct
information channel that facilitates the application, and the better
achievement of the objectives of the present Agreement, the Governments of
both signatory countries shall name a contact body, that on a permanent
basis attends to consultations by any of the Parties and administers the
provisions of the present Agreement.

DOMINICAN REPUBLIC-COSTA RICA

Article XII In order to establish a direct
information channel that facilitates the application, and the better
achievement of the objectives of the present Convention, the Governments
of the respective countries shall designate an administrative authority in
both territories that on a permanent basis attends to consultations by any
of the Parties and disseminates the benefits of the present Convention.

Article XVI Any disputes that may arise
concerning the interpretation and application of any of the clauses of
this Convention shall be settled fraternally between the Parties within
the spirit of collaboration and mutual benefit that infuses it.

ECUADOR-ARGENTINA

Article 23. Disputes that may arise in
the execution of this Agreement shall be settled by direct negotiations
between the signatory countries.
Should no settlement be reached within 30 days after the notification of
the dispute, which period of time may be extended by mutual agreement, the
signatory countries shall submit the dispute for the consideration of the
Council provided for in Article 18.

ECUADOR-URUGUAY

Article 22. Disputes that may arise in
the execution of the present Agreement shall be settled by direct
negotiations between the signatory countries.
Should no settlement be reached within 30 days after the notification of
the dispute, which period of time may be extended by mutual agreement, the
signatory countries shall submit the dispute to the consideration of the
Council provided for in Article 19.

EL SALVADOR-COLOMBIA

Article 19. In order to establish a direct
information channel that facilitates the application, and the better
achievement of the objectives of the present Agreement, the Governments of
the signatory countries shall designate an administrative authority that
on a permanent basis attends to consultations by any of the Parties and
administers the provisions of this Agreement.

GUATEMALA-COLOMBIA

Article 19. In order to establish a direct
information channel that facilitates the application, and the better
achievement of the objectives of the present Agreement, the Governments of
the signatory countries shall designate an administrative authority that
on a permanent basis attends to consultations by any of the Parties and
administers the provision of this Agreement

MEXICO - NICARAGUA

Article 20-01: Cooperation

The Parties shall at all times endeavor to
agree on the interpretation and application of this Agreement through
cooperation and consultation, and shall make every attempt to arrive at a
mutually satisfactory resolution of any matter that might affect its
operation.

Article 20-04: Perishable Goods

In matters concerning perishable goods, the
Parties, the Commission, and the arbitral tribunal shall do everything
possible to accelerate the procedure to the greatest extent possible. To
that effect, the Parties shall try to reduce by common agreement the time
periods established in this chapter.

Article 20-05: Consultation

1. A Party may request in writing
consultations with the other Party regarding any actual or proposed
measure or any other matter that it considers might affect the operation
of this Treaty within the terms of Article 20-02.

2. The Party initiating consultations in
accordance with paragraph 1 above shall deliver the request to its
Secretariat and the other Party.

3. The Parties shall:

a. provide the information to enable an
examination of how the actual or proposed measure, or any other matter,
might affect the operation of this Agreement;
b. treat the confidential information exchanged during the consultations
in the same manner as the Party providing it.

PANAMA - COLOMBIA

Article 32. Disputes that may arise in the
execution of this Agreement shall be settled through direct consultations
between the coordinating entities of the Parties.

PANAMA - COSTA RICA

Article 25

The signatory States agree to settle,
within the spirit of this Treaty and in accordance with the provisions of
its Rules, disputes that may arise regarding the interpretation or
application of any of its clauses.

Rules

Article 27: Disputes and differences that
arise between the Parties regarding the interpretation or application of
the Treaty and the Rules, initially shall be resolved through direct
settlement between the Administrative Authorities. …

Article 28: The presentation and direct
settlement of the problem between the Administrative Authorities may take
the following forms:

a. Oral, telephone or any other analogous
communications confirmed in writing by certified mail;
b. In meetings that the Administrative Authorities agree to hold.

Article 29: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication.
If after such period of time, a satisfactory settlement has not been
reached, the matter may be brought by either Party for review and decision
by the Mixed Commission, in accordance with the procedure previously
established in these Rules.

Article 30: The agreements resulting from
direct settlement, as well as matters pending resolution and the arguments
of the Administrative Authorities, shall be recorded in writing.
These agreements shall contain a concise account of the facts and legal
basis.

PANAMA - DOMINICAN REPUBLIC

Article XVIII

The Contracting Parties agree to settle,
within the spirit of this Treaty and in accordance with the provisions of
its Rules, disputes that may arise regarding the interpretation or
application of any of its clauses.

PANAMA - EL SALVADOR

Article 18
The signatory States agree to settle fraternally within the spirit of this
Treaty, disputes that arise regarding the interpretation or application of
any of its clauses, by means of the respective Rules.…In no case shall the
Parties take unilateral trade-restricting measures without prior
consultations within the Permanent Mixed Commission.

Rules

Article 30: Disputes and differences that
arise between the Parties regarding the interpretation or application of
the Treaty and the Rules, shall be resolved initially by the Signatory
States through direct settlement between the Administrative Authorities. …

Article 31: The presentation and direct
settlement of the problem between the Administrative Authorities may take
the following forms:

a. Verbal, telephonic, telegraphic, or
other analogous communications confirmed in writing by certified mail;
b. In meetings that the Administrative Authorities agree to hold.

Article 32: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication.
If, after such period of time, a satisfactory settlement has not been
reached, the matter may be brought by either Party before the Mixed
Commission for review and decision, in accordance with Article 12 of these
Rules.

Article 33: The agreements resulting from
direct settlement, as well as matters pending resolution and the arguments
of the Administrative Authorities shall be recorded in writing. Such
agreements shall contain a concise account of the facts and legal basis.

PANAMA - GUATEMALA

Article 23

The Signatory States agree to settle,
within the spirit of this Treaty and in accordance with the provisions of
its Rules, disputes that may arise in the interpretation or application of
any of its clauses.

Rules

Article 31: Disputes and differences that
arise between the Parties regarding the interpretation or application of
the Treaty and the Rules, shall be resolved initially by the Signatory
States through direct settlement between the Administrative Authorities.

Article 32: The presentation and direct
settlement of the problem between the Administrative Authorities may take
the following forms:

a) Verbal, telephonic, or other analogous
communications confirmed in writing by certified mail;
b) In meetings that the Administrative Authorities agree to hold.

Article 33: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within twenty (20) calendar days from the date of
the written communication.
If, after such period of time, a satisfactory settlement has not been
reached, the matter may be brought by either Party before the Mixed
Commission for review and decision, in accordance with the procedure
previously established in these Rules.

Article 34: The agreements resulting from
direct settlement, as well as matters pending resolution and the arguments
of the Administrative Authorities shall be recorded in writing. Such
agreements shall contain a concise account of the facts and legal basis.

PANAMA - HONDURAS

Article 25

The signatory States agree to settle,
within the spirit of this Treaty and in accordance with its Rules,
disputes that may arise in the interpretation or application of any of its
norms.

PANAMA - NICARAGUA

Article 25

The signatory States agree to settle,
within the spirit of this Treaty and in accordance with the provisions of
its Rules, that will be duly issued, disputes that may arise regarding the
interpretation or application of any of its clauses.

Rules

Article 26: Disputes and differences that
arise between the parties regarding the interpretation or application of
the Treaty and its Rules, as well as competition problems facing an
enterprise or branch of industry, may be resolved by the Signatory States
through direct settlement between the Administrative Authorities.

Article 27: Direct settlement between the
Administrative Authorities may take the following forms:

a. Oral, telephonic or any other
analogous communications confirmed in writing by certified mail;
b. In meetings that the Administrative Authorities agree to hold.

Article 28: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication.
If after such period of time, no response is received, or if the response
is negative, either Party may refer the matter to the Mixed Commission for
review and decision in accordance with the procedure previously
established in these Rules.

Article 29. The agreements resulting from
direct settlement, as well as matters pending resolution and the arguments
of the Administrative Authorities shall be recorded in writing.
Such agreements shall contain a concise account of the facts and legal
basis.

Single Article
...
3. Consultations shall begin within five days after the request is
processed and shall conclude ten working days after consultations begin.
In this regard, the member countries agree to respond diligently to
requests for consultations submitted to them, and to carry them out
without delay in order to reach a mutually satisfactory solution.
Once the consultation is concluded, the requesting country shall
communicate the results to the Committee of Representatives.

4. Should no satisfactory solution be
achieved between the parties directly involved in the dispute at the end
of the consultation period, the member countries may submit the matter to
the Committee of Representatives, as provided in Article 34 (m) of the
1980 Treaty of Montevideo.

MERCOSUR

Treaty of Asuncion

Annex III: Settlement of Disputes

1. Any dispute arising between the States
Parties as a result of the application of the Treaty shall be settled by
means of direct negotiations. If no solution can be found, the States
Parties shall refer the dispute to the Common Market Group….

Protocol of Brasilia

Article 4

1. If during the direct negotiations an
agreement cannot be reached or if the dispute was resolved only partially,
any of the State Parties to the dispute can submit it for consideration by
the Common Market Group.

NAFTA

Article 2007: Commission - Good Offices,
Conciliation and Mediation

1. If the consulting Parties fail to
resolve a matter pursuant to Article 2006 within:

(a) 30 days of delivery of a request for
consultations,
(b) 45 days of delivery of such request if any other Party has
subsequently requested or has participated in consultations regarding
the same matter,
(c) 15 days of delivery of a request for consultations in matters
regarding perishable agricultural goods, or
(d) such other period as they may agree, any such Party may request in
writing a meeting of the Commission.

MERCOSUR - BOLIVIA

Annex 11

Article 4
The Parties shall provide the necessary information to examine the case
and shall keep such information confidential. The Parties shall initiate
negotiations to agree on a solution. Negotiations shall take no longer
than thirty (30) days from the date a formal request for consultations was
received, unless the Parties agree to extend such period for another
thirty (30) days.

Article 5
Where no mutually satisfactory settlement is achieved within the time
period indicated in Article 4 or if the dispute is settled only partially,
either Party may request in writing that the Commission meet to consider
the matter.

MERCOSUR-CHILE

Annex 14

Article 4

The Parties shall provide the necessary information to examine the case
and shall keep such information confidential. The Parties shall initiate
negotiations to agree on a solution. Negotiations shall take no longer
than thirty (30) days from the date a formal request for consultations was
received, unless the Parties agree to extend such period for another
thirty (30) days.

Article 5

Where no mutually satisfactory settlement
is achieved within the time period indicated in Article 4 or if the
dispute is settled only partially, either Party may request in writing
that the Commission meet to consider the matter.

ARGENTINA-CHILE

Second Additional Protocol
…
Article 4
1. Should no agreement be reached during direct negotiations or should the
dispute be settled only partially, any of the parties to said dispute may
submit it for consideration by the Council.

ARGENTINA-VENEZUELA

Article 21. Disputes that may arise in the
execution of this Agreement shall be settled through direct negotiations
between the signatory countries.
In the event that no settlement is reached within thirty (30) days of
notification of the dispute, subject to extension by mutual agreement, the
signatory countries shall refer it to the Council envisaged in Article 18.
…

BOLIVIA-CHILE

Article 27.
….
In case the signatory country to whom the request is made fails to respond
within the time period indicated or that its response does not satisfy the
affected signatory country, direct negotiation procedures shall be
instituted, immediately, through the competent national agencies referred
to in Article 23 or before the Administrative Commission, at the election
of the affected signatory country. ….

BOLIVIA- MEXICO

Article 19-05: Intervention
by the Commission, Good Offices, Conciliation, and Mediation

1. Either Party may ask the
Commission in writing to meet should a matter fail to be resolved in
accordance with Article 19-04 above within forty-five days after the
request for consultations.

2. A Party may also ask the
Commission in writing to meet after consultations have been conducted
pursuant to Articles 4-21(5) (Technical Consultations) and 13-19(4)
(Technical Consultations).

BRAZIL-PERU

Annex IV
….
a) The affected party will notify the Administrative Committee of the
dispute with a view to immediate initiation of consultations on the case
by the competent authorities. If within a period of forty-five days from
the date when notification is received a satisfactory settlement of the
dispute is not achieved, the affected party shall request the intervention
of the Administrative Committee of the Agreement.

CANADA-CHILE

Article N-07: Commission - Good Offices,
Conciliation and Mediation

1. If the Parties fail to resolve a matter
pursuant to Article N-06 within:

(a) 30 days of delivery of a request for
consultations;
(b) 15 days of delivery of a request for consultations in matters
regarding perishable agricultural goods; or
(c) such other period as they may agree,
either Party may request in writing a meeting of the Commission.

2. A Party may also request in writing a
meeting of the Commission where:

(a) it has initiated dispute settlement
proceedings under the WTO Agreement regarding any matter subject to
Article N-05(2), and has received a request pursuant to Article N-05(3)
for recourse to dispute settlement procedures under this Chapter; or
(b) consultations have been held in the Committee on Trade in Goods and
Rules of Origin pursuant to Article C-15.

CHILE-COLOMBIA

Article 32. … . If no settlement of the
dispute raised is reached within a period of twenty days from the
submission of the complaint, the competent national body that initiated
the consultations shall request the intervention of the Administrative
Commission provided for in Article 33 of this Agreement.

CHILE-ECUADOR

Article 32. … If no settlement of the
dispute raised is reached within a period of twenty days from the
submission of the complaint, the competent national body that initiated
the consultation shall request the intervention of the Administrative
Committee provided for in Article 33 of this Agreement.

CHILE - MEXICO

Article 33. ….If no settlement of the
dispute raised is reached within a period of 15 days from the submission
of the complaint, the competent national body that initiated the
consultations shall request the intervention of the Administrative
Committee provided for in Article 34 of this Agreement.

Free Trade Agreement

Article 18-04: Consultations

5. The Parties, by mutual agreement, may
request directly that the Commission meet in accordance with article
18-05, even when the consultations provided in this Article have not been
held.

Article 18-05: Intervention
of the Commission, good offices, conciliation, and mediation

1. If a matter is not
resolved pursuant to article 18.04 within a time period of:

a. 30 days of delivery of
the request for consultations;
b. 15 days of delivery of the request for consultations in matters
regarding perishable agricultural goods; or
c. other period as agreed,

either Party may request in
writing a meeting of the Commission.

CHILE- PERU

Annex 8

Article 5

If no mutually satisfactory settlement is
achieved within the time period indicated in Article 4 or if the dispute
is settled only partially, any signatory country, through its competent
national agency, may request in writing that the Administrative Commission
meet to consider the matter.

CHILE-VENEZUELA

Article 31. …If no settlement to the
dispute in question is achieved within 15 days of filing of the complaint,
the competent national agency that initiated the consultations shall
request the intervention of the Administrative Commission envisaged in
Article 33 of this Agreement.

COSTA RICA- MEXICO

Article 17-04: Perishable Goods

In any dispute involving perishable goods,
the Parties, the Commission, and the arbitration tribunal referred to in
Article 17-07 shall make every effort to accelerate the procedure to the
greatest extent possible. To that effect, the Parties shall try to reduce
by common agreement the time periods established in this Chapter.
…
Article 17-06: Intervention by the Commission, Good Offices, Conciliation,
and Mediation

1. Any Party may request the Commission in
writing to meet should a matter fail to be resolved in accordance with
Article 17-05 above within forty-five days of delivery of a request for
consultations.

2. A Party may also request in writing a
meeting of the Commission where consultations have been held pursuant to
Articles 4-25 (Dispute Settlement), 5-25 (Referral to the Committee on
Rules of Origin), and 11-20 (Technical Consultations).

DOMINICAN REPUBLIC-COSTA RICA

Article XVI Any disputes that may arise
concerning the interpretation and application of any of the clauses of
this Convention shall be settled fraternally between the Parties, within
the spirit of collaboration and mutual benefit that infuses it. In
exceptional cases, when this is not possible, the Parties agree to name an
Arbitration Commission, whose decision they are required to accept.

ECUADOR-ARGENTINA

Article 23. Disputes that may arise as a
result of the implementation of this Agreement shall be settled by direct
negotiations between the signatory countries.

Should no settlement be reached within
30 days after the notification of the dispute, which period of time may be
extended by mutual agreement, the signatory countries shall submit the
dispute to the consideration of the Council provided for in Article 18.

ECUADOR-URUGUAY

Article 22. Disputes that may arise as a
result of the implementation of this Agreement shall be settled by direct
negotiations between the signatory countries.
Should no settlement be reached within 30 days after the notification of
the dispute, which period of time may be extended by mutual agreement, the
signatory countries shall submit the dispute to the consideration of the
Council provided for in Article 19.

MEXICO -NICARAGUA

Article 20-04: Perishable Goods

In any dispute involving perishable goods,
the Parties, the Commission, and the arbitration tribunal shall make every
effort to accelerate the procedure to the greatest extent possible. To
that effect, the Parties shall try to reduce by common agreement the time
periods established in this Chapter.

Article 20.06: Intervention by the
Commission, Good Offices, Conciliation, and Mediation

1. Any Party may request the Commission in
writing to meet should a matter fail to be resolved in accordance with
Article 20-05 above within forty-five days of delivery of a request for
consultations.

2. A Party may also request in writing a
meeting of the Commission where consultations have been held pursuant to
Articles 5-14 and 14.18.

PANAMA-COLOMBIA

Article 32. Disputes that may arise in the
execution of this Agreement shall be settled through direct consultations
between the coordinating entities of the Parties.
Should an agreement not be reached within thirty (30) days of notification
of the dispute, a period that may be extended by mutual agreement, the
Parties shall refer the matter to the Council established in Article 35… .

PANAMA-COSTA RICA

Rules

Article 27: Differences and disputes that
arise between the parties regarding the interpretation or application of
the Treaty and the Rules, shall be resolved initially through direct
settlement between the Administrative Authorities.

If they cannot reach agreement, the matter
will be sent to the Mixed Commission. …

Article 29: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication.

If after such period of time a satisfactory
solution has not been reached, the matter may be brought by either Party
for review and decision by the Mixed Commission in accordance with the
procedure previously established in these Rules.

PANAMA- DOMINICAN REPUBLIC

Article XVIII

The Contracting Parties agree to settle,
within the spirit of this Treaty and in accordance with the provisions of
its Rules, disputes regarding the interpretation or application of any of
its clauses.
In case no agreement is reached through the procedures provided for in the
Rules, the Contracting Parties commit to appointing an Arbitration
Commission and abiding by its ruling.

PANAMA-EL SALVADOR

Article 18
… In no case shall the Parties take unilateral trade-restricting measures
without prior consultation within the Permanent Mixed Commission.

Rules

Article 30: Differences and disputes that
arise between the Parties regarding the interpretation or application of
the Treaty and the Rules shall be resolved initially by the Signatory
States through direct settlement between the Administrative Authorities.

Article 32: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication.
If, after such period of time, a satisfactory settlement has not been
reached, the matter may be brought by either Party before the Mixed
Commission for review and decision, in accordance with Article 12 of these
Rules.

PANAMA-GUATEMALA

Rules

Article 31: Differences and disputes that
arise between the parties regarding the interpretation or application of
the Treaty and the Rules, shall be resolved initially through direct
settlement by the Administrative Authorities.
If they cannot reach agreement, the matter will be sent to the Mixed
Commission.

Article 33: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within twenty (20) calendar days from the date of
the written communication.
If after such period of time, a satisfactory solution has not been
reached, the matter may be brought either Party before the Mixed
Commission for review and decision, in accordance with the procedure
previously established in these Rules.

PANAMA-NICARAGUA

Rules

Article 26: Differences and disputes that
arise between the parties regarding the interpretation or application of
the Treaty and the Rules, as well as competition problems facing an
enterprise or branch of industry, may be resolved by the Signatory States
through direct settlement between the Administrative Authorities.
If they cannot reach agreement, the matter will be sent to the Mixed
Commission. …

Article 28: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication.
If after such period of time no response is received or if the response is
negative, the matter may be brought by either Party for review and
decision by the Mixed Commission in accordance with the procedure
previously established in these Rules.

3. A third Party that considers itself to
have a substantial interest in the matter, shall have the right to
participate in the consultations. To do so it shall send written
notification to the responsible national bodies of the Parties.

NAFTA

Article 2005: GATT Dispute Settlement

2. Before a Party initiates a dispute
settlement proceeding in the GATT against another Party on grounds that
are substantially equivalent to those available to that Party under this
Agreement, that Party shall notify any third Party of its intention. If a
third Party wishes to have recourse to dispute settlement procedures under
this Agreement regarding the matter, it shall inform promptly the
notifying Party and those Parties shall consult with a view to agreement
on a single forum. If those Parties cannot agree, the dispute normally
shall be settled under this Agreement.

Article 2006: Consultations

3. Unless the Commission otherwise provides
in its rules and procedures established under Article 2001(4), a third
Party that considers it has a substantial interest in the matter shall be
entitled to participate in the consultations on delivery of written notice
to the other Parties and to its Section of the Secretariat.

The Committee is the permanent organ of the
Association and shall have the following attributes and obligations:

….
m) To propose formulas for the resolution of matters raised by the
member states, when the failure to observe some of the rules or
principles of the present Treaty has been alleged.

Article 36
The Committee shall be constituted by one Permanent Representative from
each member state with the right to one vote. Each Permanent
Representative shall have an Alternate.

Resolution 114

Single Article
...
4. Should no satisfactory solution be achieved between the parties
directly involved in the dispute at the end of the consultation period,
the member countries may submit the matter to the Committee of
Representatives, as provided in Article 34 (m) of the 1980 Treaty of
Montevideo.

5. The Committee of Representatives shall
propose to the countries directly involved in the dispute, 15 days after
the matter was submitted to its consideration, the formulas deemed most
appropriate for settling the dispute.

GROUP OF THREE

Article 19-06: Intervention of the
Commission, Mediation and Conciliation

1. If the matter has not been settled
according to the procedures set out in Article 19-05 within forty-five
(45) days following the delivery of the request for consultation, any of
the consulting Parties may make a written request for a meeting of the
Commission

2. A Party may also make a written request
for a meeting of the Commission when consultations have been carried out
in accordance with Article 5-30 or Article 14-18.

3. A Party initiating this procedure shall
identify in its request the measure or other matter causing concern, cite
the Treaty provisions it considers applicable and deliver the request to
the responsible national bodies of the other Parties.

4. The Commission shall meet within ten
days of receiving the request and, with the aim of reaching a mutually
satisfactory settlement of the dispute, shall be able to:

a) call upon technical advisors or
establish working groups or group of experts as it deems necessary,
b) resort to mediation, conciliation, or other dispute settlement
procedure; or
c) make recommendations.

5. The Commission shall have the power to
join two or more cases submitted to it under the provisions of this
article and regarding the same measure. The Commission may also join two
or more cases submitted to it in accordance with this article on separate
questions, when it considers that they should be examined together.

MERCOSUR

Treaty of Asuncion

Annex III: Settlement of Disputes

1. Any dispute arising between the States
Parties as a result of the application of the Treaty shall be settled by
means of direct negotiations. If no solution can be found, the States
Parties shall refer the dispute to the Common Market Group which, after
evaluating the situation, shall within a period of 60 days make the
relevant recommendations to the Parties for settling the dispute. To that
end, the Common Market Group may establish or convene panels of experts or
groups of specialists in order to obtain the necessary technical advice.
If the Common Market Group also fails to find a solution, the dispute
shall be referred to the Council of the common market to adopt the
relevant recommendations.

Protocol of Brasilia

Article 4

1. If during the direct negotiations an
agreement cannot be reached or if the controversy can only be resolved in
part, any of the State Parties to the controversy can submit it for
consideration by the Common Market Group.

2. The Common Market Group will evaluate
the situation, giving an opportunity to the parties to the controversy to
state their respective positions and requiring, whenever it considers it
necessary, the advice of experts selected from a list which is referred to
in Article 30 of the present Protocol.

3.The costs which arise as a result of this
advice will be borne in equal parts by the State Parties to the
controversy or in a proportion as determined by the Common Market Group.

Article 5
At the conclusion of this procedure the Common Market Group will formulate
its recommendations to the State Parties involved in the controversy
suggesting a solution to the dispute.

Article 6
The procedure described in the present chapter cannot be extended for a
period greater than thirty (30) days, beginning with the date on which the
controversy was submitted for consideration to the Common Market Group.

Article 26

1. The private parties that are affected
will file their complaints with the National Section of the Common Market
Group of the State Party wherein they maintain their usual residency or
which is the headquarters of their business.

2. Private parties should provide all the
elements which will allow the aforesaid National Section to determine the
truth of the violation and the existence or threat of prejudice.

Article 27

Unless a complaint refers to a matter which
has already led to the initiation of Dispute Settlement proceedings
pursuant to Chapters II, III or IV of this Protocol, the National Section
of the Common Market Group which accepted the complaint in conformity with
Article 26 of this chapter can, in consultation with the affected private
party:

a) Initiate direct contacts with the
National Section of the Common Market Group of the State Party to which
is attributed the violation with the goal of finding, as a result of
these consultations, an immediate solution to the matter raised; or
b) Can refer the complaint without further ado to the Common Market
Group.

Article 28
If the matter cannot be resolved within a time limit of fifteen (15) days
from the date the communication of the complaint was made pursuant to
Article 27(a), the National Section which made the communication can, upon
the request of the affected private party, refer the matter without
further ado to the Common Market Group.

Article 29
1. Upon receipt of the complaint, the Common Market Group, in its first
meeting following receipt, will evaluate the reasons upon which the
National Section accepted it. If it concludes that the necessary
requirements are not present to sustain it, it will reject the complaint
without further ado.

2. If the Common Market Group does not
reject the complaint, it will immediately convene a group of experts who
should then issue a report with their conclusions within a non-extendible
time period of thirty (30) days following their designation.

3. Within this time limit, the group of
experts will give the affected private party and the State against which a
complaint has been filed the opportunity to be heard and to present their
arguments.

Article 30
1. The group of experts which is referred to in Article 29 will be
composed of three (3) members chosen by the Common Market Group or, in the
absence of an agreement with respect to one or more of the experts, these
shall be selected by a vote the State Parties shall carry out from among a
list of twenty four (24) experts. The Administrative Secretariat shall
communicate to the Common Market Group the name of the expert or experts
which received the largest number of votes. In this last case, and unless
the Common Market Group decides otherwise, one of the designated experts
cannot be a national of a State against which a complaint has been made
nor of the State in which the private party filed its complaint, pursuant
to the provisions of Article 26.

2. With the goal of establishing a list of
experts, each of the State Parties shall designate six (6) persons of
recognized competence in matters which can be the subject of a dispute.
This list shall remain recorded with the Administrative Secretariat.

Article 31
The costs arising from the experts' performance of their duties will be
defrayed in a proportion to be determined by the Common Market Group or,
in the event of a lack of agreement, in equal parts by the parties
directly involved.

Article 32
The experts will forward their conclusions to the Common Market Group. If
this report verifies the legal basis of the complaint made against a State
Party, any other State Party can then demand that corrective measures be
adopted or that the disputed measure be annulled. If this demand is not
met within a time limit of fifteen (15) days, the State Party that made it
can then proceed directly to the arbitral procedure pursuant to the
conditions established in Chapter IV of the Present Protocol.

Protocol of Ouro Preto

Article 21 In addition to the duties and
functions described in Articles 16 and 19 of this Protocol, the Mercosul
Trade Commission shall be responsible for considering complaints referred
to it by the National Sections of the Mercosul Trade Commission and
originated by States Parties or individuals, whether natural or legal
persons, relating to the situations provided for in Article 1 or 25 of the
Protocol of Brasilia, when they fall within its sphere of competence.

Paragraph 1. The examination of the
aforesaid complaints within the Mercosul Trade Commission shall not
prevent the complainant State Party taking action under the Brasilia
Protocol for the Settlement of Disputes.

Paragraph 2. Complaints arising in the
circumstances described in this Article shall be dealt with in accordance
with the procedure laid down in the Annex to this Protocol.

Annex: General Procedure for Complaints to
the Mercosul Trade Commission

Article 1. Complaints submitted by the
National Sections of the Mercosul Trade Commission and originated by
States Parties or individuals, whether natural or legal persons, in
accordance with the provisions of Article 21 of the Protocol of Ouro Preto
shall be subject to the procedure laid down in this Annex.

Article 2. The complainant State Party
shall submit its complaint to the Pro-Tempore Chairman of the Mercosul
Trade Commission who shall take the necessary steps to include the matter
on the Agenda of the next meeting of the Mercosul Trade Commission at
least one week beforehand. If no decision is taken at that meeting, the
Mercosul Trade Commission shall, without taking further action, pass on
the dossier to a Technical Committee.

Article 3. Within a maximum of thirty (30)
calendar days, the Technical Committee shall prepare and submit to the
Mercosul Trade Commission a joint opinion on the question. This opinion or
the conclusions of the experts making up the Technical Committee, if there
is no joint opinion, shall be taken into consideration by the Mercosul
Trade Commission when it rules on the complaint.

Article 4. The Mercosul Trade Commission
shall rule on the complaint at its first ordinary meeting following
receipt of the joint opinion or, should there be none, the conclusions of
the experts, although an extraordinary meeting may also be convened for
the purpose.

Article 5. If a consensus cannot be reached
at the first meeting mentioned in Article 4, the Mercosul Trade Commission
shall submit to the Common Market Group the various alternatives proposed,
together with the joint opinion or the conclusions of the experts on the
Technical Committee, in order that an appropriate decision may be taken.
The Common Market Group shall give a ruling within thirty (30) calendar
days of the receipt by the Pro-Tempore Chairman of the proposals submitted
by the Mercosul Trade Commission.

Article 6. If there is agreement that the
complaint is justified, the State Party against which it is made shall
adopt the measures approved in the Mercosul Trade Commission or the Common
Market Group. In each case, the Mercosul Trade Commission or,
subsequently, the Common Market Group shall fix a reasonable period for
the implementation of these measures. If this period expires without the
State against which the complaint is made having complied with the
provisions of the decision adopted, whether by the Mercosul Trade
Commission or the Common Market Group, the complainant State may resort
directly to the procedure provided for in Chapter IV of the Protocol of
Brasilia.

Article 7. If a consensus cannot be reached
in the Mercosul Trade Commission, or subsequently, in the Common Market
Group or if the State against which the complaint is made does not comply
within the period provided for in Article 6 with the provisions of the
decision adopted, the complainant State may resort directly to the
procedure established in Chapter IV of the Brasilia Protocol and shall
inform the Mercosul Administrative Secretariat accordingly.

Rules

Article 4: A State Party that, in
accordance with Article 4.1 of the Protocol of Brasilia, decides to refer
a dispute to the CMG can do so in either one of its regular or special
sessions.

If the sessions referred to in the
preceding paragraph are both still more than forty-five (45) days off, the
State Party in question shall be able to request a special session of the
CMG.

The State Party initiating a dispute must
present the matter in writing to the chairman Pro Tempore of the CMG, with
all pertinent documents, ten (10) days before the date of the meeting so
that it can be included on the agenda.

Article 5: When the CMG deems it necessary
to seek the advice of experts, as provided for in Article 4.2 of the
Protocol of Brasilia, said experts will be designated in accordance with
Article 30 of the Protocol. When designating experts, the CMG shall also
establish a clear mandate for them and the time period allowed to carry it
out.

Article 6: The experts shall submit a joint
opinion to the CMG by the deadline established. If they cannot agree on a
joint opinion, they will submit their separate conclusions before the
deadline.
….
Article 8: With the purpose of making the recommendations referred to in
Article 5 of the Protocol of Brasilia, the National Sections of the CMG
shall do everything possible to bring forward proposals to settle the
dispute.
….
Article 13: A State Party can at any time modify the roster of experts it
has submitted as part of the process of creating the list referred to in
Article 30 of the Protocol of Brasilia. Nevertheless, once a dispute or
complaint has been submitted to the Common Market Group in accordance with
Article 4 of the Protocol of Brasilia, or received by this body in
accordance with Article 29 of the same, for the case in question States
Parties will not be able to introduce any changes in the list previously
submitted to the MERCOSUR Administrative Secretariat.
….
Article 24: To be taken into consideration by a National Section of the
CMG, complaints from individuals as referred to in Article 26 of the
Protocol of Brasilia must be lodged in writing, in clear and precise terms
and include above all:

a) Reference to the legal or
administrative measures that have allegedly been violated.
b) Establishment of the existence or threat of harm.
c) The legal basis of the complaint.
d) Reference to evidence being submitted.

Article 25: The Common Market Group shall
take receipt of a complaint as referred to in Article 29.1 of the Protocol
of Brasilia in either a regular or special session, and shall examine it
in its subsequent meeting.

Article 26: For the Common Market Group to
not admit a complaint, according to the provisions of Article 29.1 of the
Protocol of Brasilia, there must be consensus. If that is not the case,
the complaint shall be considered admitted and the CMG shall immediately
convene a group of experts as provided for in Article 29.2 of the Protocol
of Brasilia.

Article 27: The appointment referred to in
Article 30.1 of the Protocol of Brasilia shall be made during the same
meeting during which the CMG examines the complaint.

Article 28: The subject of a dispute
between States or of a complaint lodged upon the request of an individual
shall be determined through written submissions and corresponding
responses. No addition to it can be made at a later date.

Article 29: The expenses of experts
referred to in Articles 4.3 and 31 of the Protocol of Brasilia include
monetary compensation for their work and the cost of tickets and other
travel, travel allowances and other work-related expenses.

Article 30: The monetary compensation
referred to in the preceding paragraph is to be set jointly by the States
involved in the dispute and then agreed upon with the experts within a
maximum of five (5) of their appointment as such.….Article 33: The Common Market Group
shall periodically establish reference figures for determining the
monetary compensation paid to arbitrators and experts and parameters for
travel costs and allowances and other expenses.

Article 34: To process the payment of fees
for the arbitrators and experts, as well as any other expenses they
incurred, all relevant receipts, vouchers and invoices shall be submitted.

Article 35: The opinion of the group of
experts referred to in Article 32 of the Protocol of Brasilia must be a
unanimous one.

Article 36: If the opinion submitted to it
considers the complaint inadmissible, the Common Market Group shall
immediately declare the case closed within the framework of Chapter V of
the Protocol of Brasilia.

Article 37: If the group of experts is
unable to reach unanimity regarding an opinion, it shall submit the
various conclusions to the Common Market Group, which shall then
immediately declare the case closed within the framework of Chapter V of
the Protocol of Brasilia.

Article 38: Closing of the case by the
Common Market Group through the procedures established in Articles 36 and
37 of these Rules shall not in any way impede the complainant from
initiating proceedings as provided for in Chapters II, III and IV of the
Protocol of Brasilia.

Article 39: The time periods established in
the Protocol of Brasilia and in these Rules shall be calculated as
consecutive days.
…
Article 41: All documents and proceedings connected to the procedures
established in the Protocol of Brasilia and in these Rules, as well as all
sessions of the Arbitral Tribunal, shall be considered privileged
information, with the exception of the decisions of the Arbitration
Tribunal.

NAFTA

Article 2007: Commission - Good Offices,
Conciliation and Mediation

1. If the consulting Parties fail to
resolve a matter pursuant to Article 2006 within:

(a) 30 days of delivery of a request for
consultations,
(b) 45 days of delivery of such request if any other Party has
subsequently requested or has participated in consultations regarding
the same matter,
(c) 15 days of delivery of a request for consultations in matters
regarding perishable agricultural goods, or
(d) such other period as they may agree, any such Party may request in
writing a meeting of the Commission.

2. A Party may also request in writing a
meeting of the Commission where:

(a) it has initiated dispute settlement
proceedings under the GATT regarding any matter subject to Article
2005(3) or (4), and has received a request pursuant to Article 2005(5)
for recourse to dispute settlement procedures under this Chapter; or
(b) consultations have been held pursuant to Article 513 (Working Group
on Rules of Origin), Article 723 (Sanitary and Phytosanitary Measures
Technical Consultations) and Article 914 (Standards-Related Measures
Technical Consultations).

3. The requesting Party shall state in the
request the measure or other matter complained of and indicate the
provisions of this Agreement that it considers relevant, and shall deliver
the request to the other Parties and to its Section of the Secretariat.

4. Unless it decides otherwise, the
Commission shall convene within 10 days of delivery of the request and
shall endeavor to resolve the dispute promptly.

5. The Commission may:

(a) call on such technical advisers or
create such working groups or expert groups as it deems necessary,
(b) have recourse to good offices, conciliation, mediation or such other
dispute resolution procedures, or
(c) make recommendations, as may assist the consulting Parties to reach
a mutually satisfactory resolution of the dispute.

6. Unless it decides otherwise, the
Commission shall consolidate two or more proceedings before it pursuant to
this Article regarding the same measure. The Commission may consolidate
two or more proceedings regarding other matters before it pursuant to this
Article that it determines are appropriate to be considered jointly.

Article 2008: Request for
an Arbitral Panel

1. If the Commission has
convened pursuant to Article 2007(4), and the matter has not been resolved
within:

(a) 30 days thereafter,
(b) 30 days after the Commission has convened in respect of the matter
most recently referred to it, where proceedings have been consolidated
pursuant to Article 2007(6), or
(c) such other period as the consulting Parties may agree, any
consulting Party may request in writing the establishment of an arbitral
panel. The requesting Party shall deliver the request to the other
Parties and to its Section of the Secretariat.

CARICOM-COLOMBIA

Article 21: Settlement of Disputes

2. In the exercise of its powers under this
Article, the Joint Council shall define guidelines and mechanisms for the
settlement of disputes within six (6) months after the entry into force of
this Agreement. Such mechanisms may be negotiation, mediation,
conciliation and the formulation of recommendations by groups of experts.

CARICOM-VENEZUELA

Article 17: Settlement of Disputes

2. In the implementation of its powers
under this Article, the Joint Council shall define guidelines and
mechanism for the settlement of disputes not later than six months after
the entry into force of this Agreement. Such mechanisms may include
negotiations, enquiry, mediation, conciliation and arbitration.

CENTRAL AMERICA - DOMINICAN REPUBLIC

Article 16.07: Intervention
by the Council, good offices, conciliation, and mediation

1. Any Consulting Party may request the
Council in writing, through its National Section of the Secretariat, to
meet should a matter fail to be resolved pursuant to the previous article
within thirty days after the delivery of a request for consultations. The
request must be notified to all Parties.

2. A Party may also request in writing a
meeting of the Council where technical consultations have been held
pursuant to the provisions of Articles 6.04 and 13.12.

3. The requesting Party shall state in the
request the measure or other matter complained of and indicate the
provisions of this Treaty that it considers relevant.

4. The Council shall meet within ten days
following the filing of the request and may, with the aim of reaching a
mutually satisfactory resolution of the dispute:

a. call on such technical advisors or
create such working groups or expert groups as it deems necessary;
b. have recourse to good offices, conciliation, mediation, or such other
dispute resolution procedure;
c. make recommendations.

5. The Council may consolidate, ex oficio
or at the request of a Party, the dispute settlement proceedings contained
in this Article, should it receive two or more requests to consider
matters regarding the same measure or different matters that would be
appropriate to examine jointly.

MERCOSUR-BOLIVIA

Article 39. The
administration and evaluation of this Agreement shall be conducted by an
Administrative Commission consisting of MERCOSUR's Common Market Group,
for one Contracting Party, and the National Secretariat of International
Economic Affairs of the Ministry of Foreign Affairs and Cult of Bolivia,
for the other Contracting Party.
…
1. The Delegations of both Contracting Parties shall be presided over by
the representative which each one assigns.

2. The Administrative
Commission shall meet in regular session once a year, at a venue and date
determined by mutual agreement and, in extraordinary session when the
Contracting Parties, after consultations, so agree.

3. The Administrative
Commission shall adopt its decision through agreement of the Contracting
Parties.

Article 40. The
Administrative Commission shall have the following attributes:

1. Ensure the enforcement
of the provisions of this Agreement and its Additional Protocols and
Annexes.
…
7. Contribute to the settlement of disputes pursuant to Annex 11

Annex 11

Article 5

Where no mutually satisfactory settlement
could be achieved within the timeframe indicated in Article 4 or if the
dispute is settled only partially, either Party may request in writing
that the Commission convene to consider the matter.

Article 6

The Party requesting a Commission meeting
shall state in its writing the reasons for its request; the Party shall
also indicate the provisions of the Agreement or additional instruments
that it considers relevant. The Commission shall evaluate the situation
and provide the Parties with an opportunity to make representations and,
if deemed necessary, collect technical information on the matter.

The Commission shall convene within fifteen
(15) days following the date the request was received. The procedure may
not take more than forty-five (45) days from the date the Commission first
met, unless otherwise agreed upon between the Parties.

MERCOSUR-CHILE

Article 46: The
administration and evaluation of this Agreement shall be conducted by an
Administrative Commission consisting of MERCOSUR’s Common Market Group and
the General Division of International Economic Relations of the Ministry
of Foreign Affairs of Chile.
…
The Commission shall adopt all decisions by consensus among the Parties.

Article 47: The
Administrative Commission shall have the following attributes:

a) ensure the enforcement of this
Agreement and the Additional Protocols and Annexes thereto;

…

d) contribute to settle any dispute
pursuant to Annex 14 and conduct negotiations as provided for in Article
22 of this Agreement;

Annex 14

Article 5

Where no mutually satisfactory settlement
could be achieved within the timeframe indicated in Article 4 or if the
dispute is settled only partially, either Party may request in writing
that the Commission convene to consider the matter.

Article 6

The Party requesting a Commission meeting
shall state in its writing the reasons for its request; the Party shall
also indicate the provisions of the Agreement or additional instruments
that it considers relevant. The Commission shall evaluate the situation
and provide the Parties with an opportunity to make representations and,
if deemed necessary, collect technical information on the matter.

The Commission shall convene within fifteen
(15) days following the date the request was received. The procedure may
not take more than forty-five (45) days from the date the Commission first
met, unless otherwise agreed upon between the Parties.

ARGENTINA-CHILE

Second Additional Protocol

Article 4

1. Should no agreement be reached during
direct negotiations or should the dispute be settled only partially, any
of the parties to said dispute may submit it for consideration by the
Council.

2. Intervention of the Council shall be
requested through the national coordinating agency, in which case the
Council shall hold a special meeting no less than 10 days after receiving
the application.

3. The Council shall assess the situation,
giving the parties to the dispute the opportunity to express their
respective positions and requesting advisory assistance from experts
selected from a list, when it deems necessary.

4. To draw up the list of experts, each of
the signatory countries shall appoint, within three months of the date of
this Resolution, six persons with recognized expertise in the areas
subject to dispute.

5. The cost of this advisory assistance
shall be defrayed equally by the parties to the dispute, or in proportion
as determined by the Council.

Article 5

The Council shall make recommendations to
the countries party to the dispute with a view to its settlement.

Article 6

The duration of the procedure described in
this Chapter may not exceed sixty (60) days from the date on which the
dispute was submitted for consideration by the Council.

ARGENTINA-VENEZUELA

Article 18. For the administration and
development of this Agreement, the signatory countries agree to create the
Economic Complementarity Council (THE COUNCIL) consisting of
representatives from both countries.
On behalf of the Republic of Argentina, it will be coordinated by the
Ministerio de Relaciones Exteriores y Culto (Ministry of Foreign Affairs
and Cult).
On behalf of the Republic of Venezuela, it will be coordinated by the
Instituto de Comercio Exterior (Institute of Foreign Trade).
THE COUNCIL may establish those Working Groups it sees fit to fulfil its
duties.

Article 19. THE COUNCIL should be
established within the sixty (60) days following the date of execution of
this Agreement. THE COUNCIL shall define its own rules of procedure.

Article 21. …
In case no settlement is reached within thirty (30) days of notification
of the dispute, subject to extension by mutual agreement, the signatory
countries shall refer it to THE COUNCIL envisaged in Article 18. After
assessing the situation, THE COUNCIL shall make the relevant
recommendations for settlement of the dispute within sixty (60) days. To
that end, THE COUNCIL may establish or convene panels of experts or groups
of experts to provide technical advisory assistance.
Furthermore, THE COUNCIL shall approve a final dispute settlement regime
within six (6) months from its inception.

BOLIVIA-CHILE

Article 21
The Administrative Commission shall have the following powers, attributes,
and functions:
…

h. To discharge the functions assigned to
it in dispute settlement proceedings, as provided in the norms set forth
in Chapter XIII of this Agreement;

Article 27. …In case the petitioned
signatory country fails to respond within the time indicated or that its
response does not satisfy the affected signatory country, direct
negotiation procedures shall be instituted, immediately, through the
competent national agencies referred to in Article 23 or before the
Administrative Commission, at the election of the affected signatory
country.
In the event of the latter choice, the Commission shall be convened within
no more than 20 days of notification of the request by the affected
signatory country.
To better acquit its task, the Administrative Commission may request
technical opinions from individual specialists or independent specialized
agencies, which it shall take into consideration as additional elements of
the case.

BOLIVIA- MEXICO

Article 18-01:
Administrative Commission

1. The Parties establish an Administrative
Commission consisting of the officials referred to in Annex 1 to this
Article or the individuals they may appoint to that effect.

2. The Commission shall
have the following functions:

a. To ensure the
enforcement and proper application of this Treaty;
…
c. To resolve disputes that arise regarding its interpretation and
application;

Article 19-05: Intervention
by the Commission, Good Offices, Conciliation, and Mediation

1. Either Party may request
in writing a meeting of the Commission should a matter fail to be resolved
pursuant to Article 19-04 within forty-five days of delivery of a request
for consultations.

2. A Party may also request in writing a
meeting of the Commission where consultations have been held pursuant to
Articles 4-21(5) (Technical Consultations) and 13-19(4) (Technical
Consultations).

3. The Party that has
initiated the proceeding shall state in its request the measure or other
matter complained of and shall indicate the provisions of this Agreement
that it considers relevant, and shall deliver the request to its National
Section of the Secretariat and to the other Party.

4. The Commission shall
meet within ten days of the delivery of the request, and in order to reach
a mutually satisfactory settlement of the dispute, may:

a. call on such technical
advisers or create such working groups or expert groups as it deems
necessary;

b. have recourse to good offices,
conciliation, mediation, or such other dispute resolution procedures;

c. make recommendations.

BRAZIL-PERU

Annex IV
….

a) … If within a period of forty-five
days from the date when notification is received a satisfactory
settlement of the dispute is not achieved, the affected party will
request the intervention of the Administrative Committee of the
Agreement.
b) The Administrative Committee will judge the matter based on the
arguments and reasons presented by both parties, with authority to
request technical information on the case in order to arrive at a
mutually satisfactory solution, whether by the Committee’s own action or
with the participation of specialists from both countries if the
Committee so wishes. This procedure shall not exceed forty-five days
from the date on which the intervention of the Administrative Committee
was requested.
c) If the dispute is not solved by this process, the Administrative
Committee will immediately designate an arbitration panel …

CANADA-CHILE

Article N-01: The Free Trade Commission

1. The Parties hereby establish the Free
Trade Commission, comprising cabinet-level representatives of the Parties
or their designees.

2. The Commission shall:
…

(c) resolve disputes that may arise
regarding its interpretation or application.

3. The Commission may:

(a) establish, and delegate
responsibilities to, ad hoc or standing committees, working groups or
expert groups;
(b) seek the advice of non-governmental persons or groups; and
(c) take such other action in the exercise of its functions as the
Parties may agree.

4. The Commission shall establish its rules
and procedures. All decisions of the Commission shall be taken by mutual
agreement.

5. The Commission shall convene at least
once a year in regular session. Regular sessions of the Commission shall
be chaired alternately by each Party.

Article N-07: Commission - Good Offices,
Conciliation and Mediation

1. If the Parties fail to resolve a matter
pursuant to Article N-06 within:

(a) 30 days of delivery of a request for
consultations;
(b) 15 days of delivery of a request for consultations in matters
regarding perishable agricultural goods; or
(c) such other period as they may agree,

either Party may request in writing a
meeting of the Commission.

2. A Party may also request in writing a
meeting of the Commission where:

(a) it has initiated dispute settlement
proceedings under the WTO Agreement regarding any matter subject to
Article N-05(2), and has received a request pursuant to Article N-05(3)
for recourse to dispute settlement procedures under this Chapter; or
(b) consultations have been held in the Committee on Trade in Goods and
Rules of Origin pursuant to Article C-15.

3. The requesting Party shall state in the
request the measure or other matter complained of and indicate the
provisions of this Agreement that it considers relevant, and shall deliver
the request to its Section of the Secretariat and the other Party.

4. Unless it decides otherwise, the
Commission shall convene within 10 days of delivery of the request and
shall endeavour to resolve the dispute promptly.

5. The Commission may:

(a) call on such technical advisers or
create such working groups or expert groups as it deems necessary;
(b) have recourse to good offices, conciliation, mediation or such other
dispute resolution procedures; or
(c) make recommendations,

as may assist the Parties to reach a
mutually satisfactory resolution of the dispute.

6. Unless it decides otherwise, the
Commission shall consolidate two or more proceedings before it pursuant to
this Article regarding the same measure. The Commission may consolidate
two or more proceedings regarding other matters before it pursuant to this
Article that it determines are appropriate to be considered jointly.

CHILE-COLOMBIA

Article 32….

(a) … .If the dispute that was raised is
not resolved within twenty days of filing of the complaint, the
competent national agency that initiated the consultations shall request
the intervention of the Administrative Commission provided for in
Article 33 of this Agreement.
(b) The Administrative Commission shall evaluate conscientiously the
corresponding allegations and answers to those allegations, and may
request technical information on the case in order to reach a mutually
satisfactory settlement, either through the Commission’s own action or
with a participation of a mediator selected from a list of names of
experts that the Commission shall elaborate annually for this purpose.
The duration of the proceeding indicated herein may not exceed thirty
days from the date on which the Commission’s intervention was requested.
(c) Should the dispute not be settled in this manner, the Administrative
Commission shall immediately appoint an arbitration group ….

Article 33

…. The Commission shall have the following
attributes: …

(c) To propose to the governments of the
signatory countries the recommendations it deems appropriate to settle
the disputes that may arise from the interpretation and application of
this Agreement;
(d) To designate mediators and arbitrators for the settlement of
disputes;
(e) To regulate dispute settlement proceedings.

CHILE-ECUADOR

Article 32….

(a) … . If, within a period of twenty
days, from the filing of the complaint, the dispute is not resolved, the
competent national body that initiated the consultation shall request
the intervention of the Administrative Committee provided for in Article
33 of this Agreement.
(b) The Administrative Committee shall evaluate conscientiously the
corresponding allegations and answers to those allegations, and may
request technical information relating to the case, in order to achieve
a mutually satisfactory settlement, whether by the action of the
Committee itself or with the participation of a mediator chosen from a
list of names of experts that the Committee shall elaborate annually for
this purpose. The procedure indicated in this section may not last more
than thirty days, counting from the date on which the Committee’s
intervention was requested.
(c) If the dispute cannot be settled in this way, the Administrative
Committee will immediately appoint an arbitration panel ….

Article 33

…. The Committee shall have the following
attributes: …

c) To propose to the governments of the
signatory countries the recommendations that it deems appropriate to
settle disputes that may arise on the interpretation and application of
this Agreement;
d) To appoint mediators and arbitrators for the settlement of disputes;
e) To regulate the procedures for dispute settlement.

CHILE- MEXICO

Article 33

….

a…. If the dispute that was raised is not
resolved within a period of 15 days, beginning from the time of referral
of the matter, the competent national body that initiated the
consultations shall request the intervention of the Administrative
Committee provided for in Article 34 of this Agreement.
b. The Administrative Committee shall objectively assess the pertinent
charges and countercharges, and may request technical reports pertaining
to the matter, with a view to reaching a mutually satisfactory solution,
either through actions taken by the Committee, or with the participation
of a mediator chosen from the names included on the list of experts that
the Commission shall elaborate annually for this purpose.
The procedure indicated in this section shall not exceed 30 days,
beginning on the date that the intervention of the Committee was
requested.
c. If the dispute cannot be resolved in this manner, the Administrative
Committee shall immediately appoint a panel ….

Article 34

…

In order to achieve the best functioning of
this Agreement, the signatory countries agree to form an Administrative
Committee.

…

The Committee shall have the following
attributes:

a. to ensure compliance with the
provisions of this Agreement;
b. to recommend to the Government of the signatory countries amendments
to this Agreement;
c. to propose to the Governments of the signatory countries the
recommendations that it deems appropriate for the settlement of disputes
that may arise in the interpretation and application of this Agreement;
d. to appoint mediators and arbitrators for the settlement of disputes;
e. to regulate the procedures for the settlement of disputes

Free Trade Agreement

Article 17-01: Free Trade
Commission

1. The Parties hereby establish the Free
Trade Commission, composed of the officials referred to in Annex 17-01(1)
or by such persons as the latter may designate.

2. The Commission shall
have the following functions:

a. to see to the
enforcement and proper application of the provisions of this Treaty;

…

c. to resolve any disputes that may arise
regarding its interpretation or application;

…
3. The Commission may:

a. establish ad hoc or
standing committees or groups of experts and delegate functions to such
committees and groups;
b. seek the advice of non-governmental persons or groups;

…

Article 18-05: Intervention
of the Commission, good offices, conciliation, and mediation

1. Either Party may request
in writing a meeting of the Commission, if a matter has not been resolved
pursuant to article 18.04 within a period of:

a. 30 days of delivery of
the request for consultations;
b. 15 days after delivery of a request for consultations in matters
regarding perishable agricultural goods; or
c. other time agreed on.

2. A Party may also request
in writing a meeting of the Commission where:

a. it has initiated dispute settlement
proceedings under the WTO Agreement regarding any matter subject to
article 18-03(3), and has received a request pursuant to article
18-03(4) for recourse to the dispute settlement procedures under this
chapter; or
b. consultations have been held pursuant to article 7-12(4) (Technical
consultations).

3. The Party initiating the
procedure shall state in the request the measure or other matter
complained of, indicate the provisions of this Treaty that it considers
relevant, and shall deliver the request to its section of the Secretariat
and the other Party.

4. Unless it decides
otherwise, the Commission shall meet within 10 days of delivery of the
request and, with a view to reaching a mutually satisfactory settlement to
the dispute, may:

a. call on such technical advisors or
create such committees of experts as it deems necessary;
b. have recourse to good offices, conciliation, mediation, or such other
dispute resolution procedures; or
c. make recommendations.

5. Unless it decides otherwise, the
Commission shall consolidate two or more proceedings before it pursuant to
this Article regarding the same measure. The Commission may consolidate
two or more proceedings regarding other matters before it pursuant to this
Article that it determines are appropriate to be considered jointly.

CHILE- PERU

Annex 8

Article 5

Should a mutually satisfactory settlement
not be reached within the time indicated in Article 4 or should the
dispute be settled only partially, any signatory country, through its
competent national agency, may request in writing that the Administrative
Commission meet to discuss the matter.

Article 6

The signatory country that requests a
meeting of the Administrative Commission shall state the reasons in its
petition and shall indicate the provisions of the Agreement it considers
relevant. The Administrative Commission shall evaluate the situation,
giving the signatory countries the opportunity to state their positions
and requesting, if it considers it necessary, technical information on the
case. The Administrative Commission shall meet within the fifteen (15)
days following receipt of the request for the meeting, and the duration of
the procedure may not exceed fifteen (15) consecutive days from the date
on which the Administrative Commission met, unless otherwise agreed by the
signatory countries.

CHILE-VENEZUELA

Article 31….

(a) … .If the dispute that was raised is not
resolved within a period of 15 days of filing of the complaint, the
competent national agency that initiated the consultations shall request
the intervention of the Administrative Commission provided for in
Article 33 of this Agreement.
(b) The Administrative Commission shall evaluate conscientiously the
corresponding allegations and answers to those allegations, and may
request any technical reports it deems appropriate to reach a mutually
satisfactory solution, either through the Commission’s own action or
with a participation of a mediator selected from a list of names of
experts that the Commission shall prepare annually for this purpose.
The duration of the proceeding indicated herein may not exceed 30 days
from the date on which the Commission’s intervention was requested.
(c) Should the dispute not be settled in this manner, the Administrative
Commission shall immediately appoint an arbitral group ….

Article 33

…. The Commission shall have the following
attributes: …

(c) To propose to the governments of the signatory
countries the recommendations it deems appropriate to settle the
disputes that may arise regarding the interpretation and application of
this Agreement;
(d) To designate mediators and arbitrators for the settlement of
disputes;
(e) To regulate the procedures for the settlement of disputes.

COLOMBIA-HONDURAS

Article 20. In order to establish a direct
information channel that facilitates the application and better
achievement of the objectives of this Agreement, the Governments of the
Signatory Countries shall establish an administrative authority that on a
permanent basis attends to consultations by any of the Parties and
administers the provisions of this Agreement.

COLOMBIA-NICARAGUA

Article 19. In order to establish a direct
information channel that facilitates the application and better
achievement of the objectives of this Agreement, the Governments of the
Signatory Countries shall establish an administrative authority that on a
permanent basis attends to consultations by any of the Parties and
administers the provisions of this Agreement.

COSTA RICA - COLOMBIA

Article 18. In order to establish a direct
information channel that facilitates the application and better
achievement of the objectives of this Agreement, the Governments of the
Signatory Countries shall establish an administrative authority that on a
permanent basis attends to consultations by any of the Parties and
administers the provisions of this Agreement

COSTA RICA - MEXICO

Article 16-01: Administrative Commission

…

2. The Commission shall have the following
functions:

a) To safeguard the enforcement and proper
application of this Agreement;

….

d) To contribute to the settlement of disputes
that arise regarding its interpretation and application;

3. The Commission may:

a. establish and delegate responsibilities to ad
hoc or standing committees, working groups or expert groups;
b. seek the advice of non-governmental persons or groups; and
c. if the Parties so agree, take such other action in the exercise of
its functions.

…

Article 17-04: Perishable Goods

In any dispute regarding perishable goods, the
Parties, the Commission, and the arbitral tribunal referred to in Article
17-07 shall make every effort to accelerate the procedure to the greatest
extent possible. To that effect, the Parties shall try to reduce by common
agreement the time periods established in this chapter.

…

Article 17-06: Intervention by the Commission, Good
Offices, Conciliation, and Mediation

1. Either Party may request in writing a meeting of
the Commission should a matter not be resolved pursuant to Article 17-05
within forty-five days after the delivery of the request for
consultations.

2. A Party may also request in writing a meeting of
the Commission where consultations have been held pursuant to Articles
4-25 (Dispute Settlement), 5-25 (Referral to the Committee on Rules of
Origin), and 11-20 (Technical Consultations).

3. The Party shall state in the request the measure
or other matter complained of, shall indicate the provisions of this
Agreement that it considers relevant, and shall deliver the request to its
national section of the Secretariat and the other Party.

4. The Commission shall convene within ten days of
the delivery of the request, and in order to reach a mutually satisfactory
settlement of the dispute, may:

a. call on such technical advisors or create such
working groups or expert groups as it deems necessary;
b. have recourse to good offices, conciliation, mediation, or such other
dispute resolution procedures; or
c. make recommendations.

EL SALVADOR-COLOMBIA

Article 19. In order to establish a direct
information channel that facilitates the application and better
achievement of the objectives of this Agreement, the Governments of the
Signatory Countries shall establish an administrative authority that on a
permanent basis attends to consultations by any of the Parties and
administers the provisions of this Agreement

GUATEMALA-COLOMBIA

Article 19. In order to establish a direct
information channel that facilitates the application and better
achievement of the objectives of this Agreement, the Governments of the
Signatory Countries shall establish an administrative authority that on a
permanent basis attends to consultations by any of the Parties and
administers the provisions of this Agreement

MEXICO -NICARAGUA

Article 19-01: Administrative Commission

…

2. The Commission shall have the following
attributes:

a. To ensure the fulfillment and proper
application of this Agreement;
…
c. To resolve disputes that arise regarding its interpretation and
application;

3. The Commission may:

a. establish and delegate responsibilities to ad
hoc or standing committees, working groups or expert groups;
b. seek the advice of non-governmental persons or groups; and
c. if the Parties so agree, take such other action in the exercise of
its functions.

…

Article 20-04: Perishable Goods

In matters regarding perishable goods, the Parties,
the Commission, and the arbitral tribunal shall make every effort to
accelerate the procedure to the greatest extent possible. To that effect,
the Parties shall try to reduce by common agreement the time periods
established in this chapter.

…

Article 20.06: Intervention by the Commission, Good
Offices, Conciliation, and Mediation

1. Either Party may request in writing a meeting of
the Commission should a matter not be resolved pursuant to Article 20-05
within a period of forty-five days after the delivery of the request for
consultations.

2. A Party may also request in writing a meeting of
the Commission where consultations have been held pursuant to Articles
5-14 and 14.18.

3. The Party that initiates the proceeding shall
state in the request the measure or other matter complained of, shall
indicate the provisions of this Agreement that it considers relevant, and
shall deliver the request to its Secretariat and the other Party.

4. The Commission shall convene within ten days of
the delivery of the request, and in order to reach a mutually satisfactory
settlement of the dispute, may:

a. call on such technical advisors or create such
working groups or expert groups as it deems necessary;
b. have recourse to good offices, conciliation, mediation, or such other
dispute resolution procedures; or
c. make recommendations.

PANAMA-COLOMBIA

Article 32. Disputes that may arise in the execution
of this Agreement shall be settled by means of direct consultations
between the coordinating entities of the Parties.
Should an agreement not be reached within thirty (30) days of notification
of the dispute, a period that may be extended by mutual agreement, the
Parties shall refer the matter to the Council established in Article 35,
which shall review the situation, and formulate, within a period of sixty
(60) days, the pertinent recommendation for the settlement of the dispute.
To that end, the Council may establish or convene panels of experts or
groups of experts in order to obtain their technical advice.
Moreover, the Council shall approve a permanent system for the settlement
of disputes within six (6) months of its establishment, using as a frame
of reference international norms in this area.

Article 35. In order to administer and develop this
Agreement, the Parties agree to establish an Administrative Council,
called the Council, which shall be comprised of representatives of the
public and private sectors designated by the respective Governments.
For the Republic of Panama, coordination shall be done by the Ministry of
Trade and Industry, through the Panamanian Institute of Foreign Trade, and
for the Republic of Colombia, by the Ministry of Foreign Trade.
This Council shall form the working groups that it deems appropriate in
order to perform its functions.

Article 36. …. The Council shall issue its own rules
of procedure.

PANAMA-COSTA RICA

Article 23

This Treaty and any rules derived therefrom shall be
administered by a Joint Standing Commission made up of the Ministers of
Industry and Commerce or their representatives and any advisors from the
public and private sectors that the Contracting Parties may name.
Decisions of this Commission shall be binding on the Signatory States.

Article 24

The Joint Standing Commission shall have the
following attributes:

…. d) To study and resolve any problems and
conflicts related to the implementation of this Treaty and any unfair
trade practices that may affect the trade regime established by this
Treaty;

Rules

Article 16: The Joint Standing Commission shall be
composed of the Minister of the Economy and Commerce of Costa Rica and the
Minister of Commerce and Industry of Panama or their respective
representatives, and any advisors from the public and private sectors that
the Contracting Parties may name.
All members of the Commission must be duly accredited.
Upon the request of one of the Parties, other persons, such as those
affected by the matters before the Commission, may participate in the
meetings of the Joint Commission in order to provide all the information
that contributes to the best possible decision being taken.

Article 17: The Joint Standing Commission shall have
the following attributes:

….

e) To study and resolve problems and conflicts
regarding the application of the Treaty and Rules, and unfair trade
practices that affect the trade regime established in this Treaty.

Article 27: Any differences and disputes between the
parties regarding the interpretation or application of the Treaty and
Rules shall be resolved initially through direct settlement between the
Administrative Authorities.
If they cannot reach agreement, the matter will be sent to the Joint
Commission. Persons with a direct interest in the matter in dispute shall
not sit on the Commission when the matter is before it.

Article 29: The Administrative Authority to whom the
request is made, shall attend to the matter raised by its counterpart and
respond within fifteen (15) calendar days counting from the date of the
written communication.
If no satisfactory solution has been reached in that time period, either
Party can refer the matter to the Joint Commission for review and
decision, pursuant to the procedure previously established in these Rules.

Article 30: All agreements reached through direct
settlement, as well as matters pending resolution and the arguments of the
Administrative Authorities, shall be recorded in writing.
Such agreements must include a concise account of the facts and the legal
basis.

Article 31: If the Joint Commission cannot reach
agreement through the procedures established in these Rules, the
Contracting Parties agree to appoint and accept the ruling of an
Arbitration Commission that resolves definitively the differences
regarding interpretation or application of the norms that regulate trade
between the two countries carried out under the Treaty.

PANAMA- DOMINICAN REPUBLIC

Article XVI

In order to coordinate the activities that shall be
developed in the execution of this Agreement, the Contracting Parties
agree to create a Permanent Mixed Commission, comprised of the Minister of
Foreign Affairs of the Dominican Republic and the Minister of Trade and
Industry of Panama, who will preside over the Committee, and advisors from
the public and private sectors that each Contracting Party shall
designate. The decisions of this Commission shall be binding to the
Signatory States.
This Commission shall meet at least once a year or when requested by one
of the Contracting Parties, and the venue of its meetings shall alternate
between the Dominican Republic and Panama.

Article XVII

The Permanent Mixed Commission shall have the
following attributes:

…

c. To study and resolve any problems and conflicts
related to the application of the Treaty and these Rules, and any unfair
trade practices that may affect the trade regime established by this
Treaty;

….

j. To carry out any functions, tasks and studies
assigned to it by the Contracting Parties, as well as those that derive
from this Agreement.

PANAMA-EL SALVADOR

Article 18

…. In no case shall the Parties take unilateral
trade-restricting trade measures without prior consultations within the
Permanent Joint Commission.

Regulations

Article 19: The Permanent Joint Commission shall be
composed of the Minister of Foreign Trade of El Salvador and the Minister
of Trade and Industry of Panama, or their representatives, as well as
public and private sector advisors designated by each Contracting Party.
The Committee members must be duly accredited.
At the request of one of the Parties, other persons affected by the
problems under review by the Committee may participate in the Committee
meetings for the purpose of providing any information that may contribute
to the most appropriate decision on the problem.

Article 20: The Permanent Joint Commission shall
have the following attributes:

….

e. To study and resolve problems and disputes with
regard to application of the Treaty and these Rules, as well as unfair
trade practices affecting the trade regime established in the Treaty.

Article 30: Differences and disputes arising between
the Parties from the interpretation or application of the Treaty or Rules
shall, in the first instance, be settled by the States Parties through
direct settlement between the Administrative Authorities.
If such settlement should not prove possible, the matter shall be referred
to the Joint Commission. Persons with a direct interest in the matter in
dispute may not take part in its review as members of the Committee.

Article 32: The Administrative Authority to whom the
request is submitted shall attend to the matter raised by its counterpart
and respond within 15 calendar days reckoned from the date of the written
communication.
If, after such period of time, a satisfactory settlement has not been
reached, the matter may be brought by either Party before the Joint
Commission for review and decision, in accordance with Article 12 of these
Rules.

Article 33: Agreements reached through direct
settlement, as well as matters pending a solution and the arguments of the
Administrative Authorities shall be recorded in writing. Such agreements
shall contain a concise account of the facts and legal basis.

Article 34: In the event that an agreement cannot be
reached by the Joint Commission through the procedure set forth in these
Rules, the Contracting Parties undertake to appoint and accept the ruling
of an Arbitration Commission definitively resolving the differences of
interpretation or application of provisions governing trade between the
two countries under the Treaty.

PANAMA-GUATEMALA

Article 21

This Treaty and any rules derived therefrom shall be
administered by a Joint Standing Commission made up of the Ministers of
the Economy and of Industry and Commerce or their representatives and any
advisors from the public and private sectors that the Contracting Parties
may name. Decisions of the Joint Commission shall be binding on the
Signatory States.

Article 22

The Joint Standing Commission shall have the
following attributes:

….

d) To study and resolve any problems and conflicts
related to the application of this treaty and any unfair trade practices
that may affect the trade regime established by the Treaty;

Rules

Article 19: The Joint Standing Commission shall be
composed of the Minister of the Economy of Guatemala and the Minister of
Commerce and Industry of Panama or their respective representatives, and
any advisors from the public and private sectors that the Contracting
Parties may name.
All members of the Joint Commission must be duly accredited.
Upon the request of one of the Parties, other individuals, such as those
affected by the matters before the Commission, may participate in meetings
in order to inform and contribute to the best possible decision being
taken.

Article 20: The Joint Standing Commission shall have
the following attributes:
….

e) To study and resolve any problems and disputes
related to the application of the Treaty and these Rules, and any unfair
trade practices that may affect the trade regime established by the
Treaty.

Article 31: Any differences and disputes between the
parties regarding the interpretation or application of the Treaty and
Rules shall initially be resolved by direct settlement between the
Administrative Authorities.
If they cannot reach agreement, the matter will be referred to the Joint
Commission. Any person with a direct interest in the question shall not
sit on the Committee when the matter is before it.

Article 33: The Administrative Authority to whom the
request is made, shall attend to the matter raised by its counterpart and
respond within twenty (20) calendar days counting from the date of the
written communication.
If no satisfactory solution has been reached in that time period, either
Party can refer the matter to the Joint Commission for examination
pursuant to the provisions of these Rules.

Article 34: All agreements reached through direct
settlement by of the Administrative Authorities, as well as matters
pending resolution and the arguments of the Administrative Authorities,
shall be recorded in writing.
Such agreements shall include a concise account of the facts and the legal
basis.

Article 35: If the Joint Commission cannot reach
agreement through the procedure established in these Rules, the
Contracting Parties agree to appoint and accept the ruling of an
Arbitration Commission for final resolution of the differences regarding
interpretation or application of the norms regulating trade carried out
between them under the Treaty and these Rules.

PANAMA-HONDURAS

Article 23

This Agreement and the rules thereof shall be
administered by a Joint Standing Commission consisting of the Minister of
Economy of Honduras and the Minister of Commerce and Industry of Panama or
their representatives, as well as such advisors from the public, private,
business and labor sectors as each Contracting Party may appoint, and the
Commission’s decisions shall be binding to the Signatories.

Article 24

The Joint Standing Commission shall have the
following attributes:
….

d. to study and resolve problems and conflicts
concerning the application of this Agreement and any unfair trade
practices having an effect upon the established trading system;

PANAMA- MEXICO

Article 25

The administration of this Agreement shall be the
responsibility of the Sub-Commission on Trade, which was established as
part of the Standing Mixed Commission on Economic Cooperation between
Panama and Mexico chaired by representatives of the Ministry of Trade and
Industry of the Republic of Panama and of the Ministry of Trade and
Industrial Development of Mexico.

The Sub-Commission shall have, inter alia, the
following attributes:

(a) To monitor of compliance with the provisions
of this Agreement;
…
(c) To propose to the Governments of the Contracting Parties
recommendations that it as it deems appropriate for resolving any
conflicts that may arise from the interpretation and application of this
Agreement and propose its modification, where necessary;

…
The Sub-Commission … shall adopt its own rules of procedure.

PANAMA-NICARAGUA

Article 23

This Treaty and rules derived therefrom shall be
administered by a Joint Standing Commission made up of the Ministers of
Industry and Commerce and of the Economy, Industry and Commerce, or their
representatives and any advisors from the public and private sectors that
the Contracting Parties may name. Decisions of this Commission shall be
binding on the Signatory States.

Article 24

The Joint Standing Commission shall have the
following attributes:

…

d) To study and resolve any problems and conflicts
related to the application of this Treaty and any unfair trade practices
that may affect the trade regime established by the Treaty;

Rules

Article 15: The Joint Standing Commission shall be
composed of the Minister of Commerce and Industry of Panama and the
Minister of the Economy, Industry and Commerce of Nicaragua, or their
respective representatives, and any advisors from the public and private
sectors that the Contracting Parties may name. All members of the
Commission must be duly accredited.
Upon the request of one of the Parties, other individuals, such as those
affected by the matters before the Commission, may participate in meetings
of the Joint Commission.

Article 16: The Joint Standing Commission shall have
the following attributes:

….

d) To study and resolve any problems and disputes
related to the application of the Treaty and these Rules, and any unfair
trade practices that may affect the trade regime established by the
Treaty;

Article 21: The decisions and agreements of the
Commission shall be taken by mutual agreement of the Ministers or their
representatives. Such decisions and agreements are binding on the
Signatory States and will take effect as of an exchange of notes between
the Ministries of Foreign Affairs when so stipulated by the Treaty. When
not so stipulated, they will enter into force on the date set by the Joint
Standing Commission.

Article 26: Any differences and disputes that arise
between the parties regarding the interpretation or application of the
Treaty and the Rules, as well as competition problems facing an enterprise
or branch of industry, may be resolved by direct settlement between the
Administrative Authorities.
If they cannot reach agreement, the matter shall be referred to the Joint
Commission. Any person with a direct interest in the matter shall not sit
on the Commission when the mater is before it.

Article 28: The Administrative Authority to whom the
request is made must attend to the matter raised by its counterpart and
respond within fifteen (15) calendar days from the date of the written
communication.
If no reply is received within that period, or if the reply is negative,
either Party can refer the matter to the Joint Commission for examination
and decision in accordance with the procedure previously established in
these Rules.

Article 29: All agreements reached through direct
settlement, as well as matters pending resolution and the arguments of the
Administrative Authorities, shall be recorded in writing.
Such agreements must include a concise account of the facts and the legal
basis.

Article 30: If the Joint Commission cannot reach
agreement through the procedures established in these Rules, the
Contracting Parties agree to appoint and accept the ruling of an
Arbitration Commission for final resolution of the differences regarding
interpretation or application of the norms regulating trade carried out
between them under the Treaty.

Article 35
The Committee is the permanent organ of the Association and shall have the
following attributes and obligations:
…
m) To propose formulas for the resolution of maters raised by the member
states, when the failure to observe certain of the rules or principles of
the present Treaty has been alleged.

Article 36
The Committee shall be constituted by one Permanent Representative from
each member state with the right to one vote. Each Permanent
Representative shall have an Alternate.

Resolution 114

Single Article
...
4. Should no satisfactory solution be achieved between the parties
directly involved in the dispute at the end of the consultation period,
the member countries may submit the matter to the Committee of
Representatives, as provided in Article 34 (m) of the 1980 Treaty of
Montevideo.

5. The Committee of Representatives shall propose to
the countries directly involved in the dispute, 15 days after the matter
was submitted to its consideration, the formulas deemed most appropriate
for settling the dispute.

CARICOM

Annex: Article 11 - Disputes Procedure Within the
Common Market

3. If in pursuance of the foregoing provisions of
this Article the Council or the Tribunal, as the case may be, finds that
any benefit conferred on a Member State by this Annex or any objective of
the Common Market is being or may be frustrated, the Council may, by
majority vote, make to the Member State concerned such recommendations as
it considers appropriate.

4. If a Member State to which a recommendation is
made under paragraph 3 of this Article does not or is unable to comply
with such recommendation the Council may, by majority vote, authorise any
Member State to suspend to the Member State which has not complied with
the recommendation the application of such obligations under this Annex as
the Council considers appropriate.

5. Any Member State may at any time while any matter
is under consideration under this Article request the Council to authorise,
as a matter of urgency, interim measures to safeguard its position. If the
matter is being considered by the Tribunal such request shall be referred
by the Council to the Tribunal for its recommendation. If it is found by a
majority vote of the Council that the circumstances are sufficiently
serious to justify interim action, and without prejudice to any action
which it may subsequently take in accordance with the preceding paragraphs
of this Article, the Council may, by majority vote, authorise a Member
State to suspend its obligations under this Annex to such an extent and
for such period as the Council considers appropriate.

Protocol Amending the Treaty

Article III
Replace Article 6 of the Treaty with the following:

Article 6
Organs of the Community

1. The principal Organs of the Community are:

a. the Conference; and
b. the Community Council of Ministers which shall be the second highest
organ.

Article IV
Replace Article 7 of the Treaty with the following:

Article 7Composition of the Conference

1. The Conference shall consist of the Heads of
Government of Member States.
2. Any Head of Government may designate a Minister or other person to
represent him or her at any Meeting of the Conference.

Article VReplace Articles 8 and 9 of the Treaty,
respectively, with the following:

Article 7(a)
Functions and Powers of the Conference
….
8. Without prejudice to any other provision of this Treaty, the Conference
may consider and resolve disputes between Member States including disputes
concerning the interpretation and application of this Treaty.

Article VIReplace article 10 of the Treaty with the
following:

Article 8Composition and Functions of the Community
Council of Ministers
1. The Community Council of Ministers (hereinafter referred to as "the
Community Council") shall consist of Ministers responsible for Community
Affairs and any other Minister designated by Member States in their
absolute discretion. …4. Without prejudice to the generality of
the foregoing provisions, the Community Council shall:
(f) ensure the efficient operation and orderly development of the CARICOM
Single Market and Economy, particularly by seeking to resolve problems
arising out of its functioning, taking into account the work and decisions
of COTED;
(g) receive and consider allegations of breaches of obligations arising
under the Treaty, including disputes between subsidiary Organs of the
Community.

Article VII
Replace Article 11 of the Treaty with the following:

Article 9
Subsidiary Bodies of the Community
There are hereby established as Subsidiary Bodies of the Community:
the Legal Affairs Committee…

Article VIII
Replace Articles 12 and 13 of the Treaty respectively with the following:

Article 10
Composition and Functions of Subsidiary Bodies of the Community

The Legal Affairs Committee shall consist of the
Ministers Responsible for Legal Affairs or Attorneys-General of Member
States, or both, and shall be responsible for providing the Organs and
Bodies, either on request or on its own initiative, with advice on
treaties, international legal issues, the harmonisation of laws of the
Community and other legal matters.
…
4. The procedures of Subsidiary Bodies shall be regulated, mutatis
mutandis, by the relevant provisions of Articles 17 and 19.

Article XI
Replace Articles 17, 18 and 19 of the Treaty with the following:

Chapter Three: Community Decision-Making

Article 17:Common Voting Procedures in
Community Organs

4. Subject to the agreement of the Conference, a
Member State may opt out of obligations arising from the decisions of
competent Organs provided that the fundamental objectives of the
Community, as laid down in the Treaty, are not prejudiced thereby.
…
6. ….Member States omitting to comply with recommendations shall inform
the Secretariat in writing within six months stating the reasons for their
non-compliance.

Article 18: Voting in the Conference

1. Save as otherwise provided in this Treaty and
subject to paragraph 2 of this Article and the relevant provisions of
Article 17, the Conference shall take decisions by an affirmative vote of
all its members and such decisions shall be binding.

2. For the purpose of this Article abstentions shall
not be construed as impairing the validity of decisions of the Conference
provided that Member States constituting three-quarters of the membership
of the Community, vote in favour of such decisions.

3. Omission by a Member State to participate in the
vote shall be deemed an abstention within the meaning of paragraph 2 of
this Article.

4. Parties to a dispute or against which sanctions
are being considered shall not have the right to vote on the issue falling
to be determined.

Article 19: Voting in the Community Council and
Ministerial Councils

1. Save as otherwise provided in this Treaty and
subject to the provisions of this Article and Article 17, the Ministerial
Councils shall take decisions by a qualified majority vote.

2. For the purposes of paragraph 1 of this Article a
qualified majority vote means an affirmative vote of Member States
comprising no less than three-quarters of the membership of the Community.

3. Where issues have been determined to be of
critical importance to the national well-being of a Member State, in
accordance with paragraph 4 of this Article, such decisions shall be
reached by an affirmative vote of all Member States.

4. Decisions that an issue is of critical importance
to the national well-being of a Member State shall be reached by a
two-thirds majority of Member States.

5. For the purposes of paragraph 3 of this Article
abstentions shall not be construed as impairing the validity of decisions
required to be reached by unanimity provided that Member States
constituting not less than three-quarters of the membership of the
Community vote in favour of such decisions.

GROUP OF THREE

Article 19-18: Interpretation by the Commission.

1. The Commission shall endeavor to provide an
interpretation or appropriate response as quickly as possible when:

a) a Party believes that a question regarding
interpretation or application of the Treaty that has or is about to come
up within a court or in administrative proceedings in another of the
Parties, merits an interpretation; or
b) a Party is asked to comment on the interpretation or implementation
of the Treaty by a court or administrative body of one of the Parties.

Article 20-01: The Administrative Commission.

1. The Parties hereby establish the Administrative
Commission composed of the heads of the respective responsible national
bodies listed in Annex 1 to this Treaty, or of the persons designated by
them.

2. The Commission shall:

a) safeguard compliance with and the proper
application of the provisions of this Treaty;
…
c) intervene in disputes in accordance to the provisions of Chapter XIX.
…
f) recommend to the Parties measures that need to be taken to implement
decisions;
g) deal with any other matter that could affect the smooth functioning
of the Treaty or that has been assigned to it by a provision of the
Treaty.

3. The Commission shall be able to:

a) establish, delegate responsibility to and
supervise the work of ad hoc or standing committees, working groups and
groups of experts;
b) seek advice from individuals or groups not connected to any
government; and
c) adopt any other action for the exercise of its functions, if the
Parties so agree.

NAFTA

Article 2001: The Free Trade Commission

1. The Parties hereby establish the Free Trade
Commission, comprising cabinet-level representatives of the Parties or
their designees.

2. The Commission shall:

(a) supervise the implementation of this
Agreement;
(b) oversee its further elaboration;
(c) resolve disputes that may arise regarding its interpretation or
application;
(d) supervise the work of all committees and working groups established
under this Agreement, referred to in Annex 2001.2; and
(e) consider any other matter that may affect the operation of this
Agreement.

3. The Commission may:

(a) establish, and delegate responsibilities to,
ad hoc or standing committees, working groups or expert groups;
(b) seek the advice of non-governmental persons or groups; and
(c) take such other action in the exercise of its functions as the
Parties may agree.

4. The Commission shall establish its rules and
procedures. All decisions of the Commission shall be taken by consensus,
except as the Commission may otherwise agree.

5. The Commission shall convene at least once a year
in regular session. Regular sessions of the Commission shall be chaired
successively by each Party.

TRIPARTITE TREATY

Article XXIX. Disputes that may arise on the
interpretation or application of any of the clauses of this Treaty shall
be submitted for consideration by the Executive Council, which will decide
the matter. If any of the Parties is not satisfied with the Council's
decision, it may appeal to the Steering Committee. If it finds the
decision of the Committee unacceptable, it may submit the matter to an
arbitration tribunal … .

CARICOM-COLOMBIA

Article 2: The Joint Council

1. A CARICOM-Colombia Joint Council on Trade,
Economic and Business Cooperation (hereinafter called the Joint Council)
is hereby established and shall be responsible for the administration of
this Agreement.

2. The Joint Council shall consist of
representatives of Colombia and CARICOM.

3. The functions of the Joint Council shall be:

a. to ensure compliance by the Parties with the
provisions of this Agreement;
b. to recommend solutions to any problems which may arise in relation to
the provisions of this Agreement….

4. The decisions of the Joint Council shall have the
status of recommendations to the Parties.

Article 3: Meetings of the Joint Council

5. The Joint Council …may create subsidiary bodies
to assist it in the execution of its functions.

Article 21: Settlement of Disputes

1. Any dispute which may arise between the Parties
concerning the interpretation, application, execution or breach of the
provisions of this Agreement may, if the dispute is not resolved by the
Parties, be referred by either Party to the Joint Council for its
consideration and recommendations.

2. In the exercise of its powers under this Article,
the Joint Council shall define guidelines and mechanisms for the
settlement of disputes within six (6) months after the entry into force of
this Agreement. Such mechanisms may be negotiation, mediation,
conciliation and the formulation of recommendations by groups of experts.

3. The recommendations of the Joint Council or any
group of experts nominated by the Joint Council with respect to the
settlement of disputes shall not be binding.

CARICOM-VENEZUELA

Article 2: The Joint Council

1. The CARICOM/Venezuela Joint Council on Trade and
Investment (The Joint Council) established by the Principles for a
Multilateral Agreement between Venezuela and CARICOM shall be responsible
for the administration of this Agreement.

2. The Joint Council consists of representatives of
Venezuela and CARICOM.

3. The functions of the Joint Council shall be:

a. to ensure compliance by the Parties with the
provisions of this Agreement;
b. to resolve any problems which may arise out of the application of
this Agreement….

4. The decisions of the Joint Council shall have the
status of recommendations to the Parties to this Agreement.

Article 3: Meetings of the Joint Council …

5. The Council ….may establish subsidiary bodies to
assist it in the execution of its functions.

Article 17: Settlement of Disputes

1. The Joint Council is the body responsible for the
resolution of disputes which may arise with regard to the interpretation,
application, execution or failure to comply with the provisions of this
Agreement.

2. In the implementation of its powers under this
Article, the Joint Council shall define guidelines and mechanism for the
settlement of disputes not later than six months after the entry into
force of this Agreement. Such mechanisms may include negotiations,
enquiry, mediation, concilation and arbitration.

CENTRAL AMERICA-DOMINICAN REPUBLIC

Article 16.07: Intervention by the Council, good
offices, conciliation, and mediation

1. Any Consulting Party may request the Council in
writing, through its National Section of the Secretariat, to meet should a
matter fail to be resolved pursuant to the previous article within thirty
days after the delivery of a request for consultations. The request must
be notified to all Parties.

2. A Party may also request in writing a meeting of
the Council where technical consultations have been held pursuant to the
provisions of Articles 6.04 and 13.12.

3. The requesting Party shall state in the request
the measure or other matter complained of and indicate the provisions of
this Treaty that it considers relevant.

4. The Council shall meet within ten days following
the filing of the request and may, with the aim of reaching a mutually
satisfactory resolution of the dispute:

a. call on such technical advisors or create such
working groups or expert groups as it deems necessary;
b. have recourse to good offices, conciliation, mediation, or such other
dispute resolution procedure;
c. make recommendations.

5. The Council may consolidate, ex oficio or at the
request of a Party, the dispute settlement proceedings contained in this
Article, should it receive two or more requests to consider matters
regarding the same measure or different matters that would be appropriate
to examine jointly.

Article 18.01: Joint Administration Council

…

2. The Council shall fulfil the following duties:

a. To safeguard the enforcement of this Agreement;

…

e. To contribute to settle any dispute concerning
the interpretation and application of this Agreement;

…

3. The Council may:

a. seek advice among non-governmental individuals
or institutions; and
b. upon agreement between and among the Parties, take any other action
it sees fit to fulfil its duties.

Annex I to Article 18.01: Council Officials

The officials referred to in Article 18.01 are:

In the case of Costa Rica, the Minister of Foreign
Trade or his successor;
In the case of El Salvador, the Minister of Economy or his successor;
In the case of Guatemala, the Minister of Economy or his successor;
In the case of Honduras, the Secretary of Industry and Commerce or his
successor;
In the case of Nicaragua, the Minister of Economy and Development or his
successor; and
In the case of the Dominican Republic, the Secretary of State for Industry
and Commerce or his successor.

MERCOSUR-BOLIVIA

Article 39. The administration and evaluation of
this Agreement shall be conducted by an Administrative Commission
consisting of MERCOSUR's Common Market Group, for one Contracting Party,
and the National Secretariat of International Economic Affairs of the
Ministry of Foreign Affairs and Cult of Bolivia, for the other Contracting
Party.

…

1. The Delegations of both Contracting Parties shall
be presided over by the representative which each one assigns.

2. The Administrative Commission shall meet in
regular session once a year, at a venue and date determined by mutual
agreement and, in extraordinary session when the Contracting Parties,
after consultations, so agree.

3. The Administrative Commission shall adopt its
decision through agreement of the Contracting Parties.

Article 40. The Administrative Commission shall have
the following attributes:

1. Ensure the enforcement of the provisions of this
Agreement and its Additional Protocols and Annexes.
…
7. Contribute to the settlement of disputes pursuant to Annex 11

Annex 11

Article 5

Where no mutually satisfactory settlement could be
achieved within the timeframe indicated in Article 4 or if the dispute is
settled only partially, either Party may request in writing that the
Commission convene to consider the matter.

Article 6

The Party requesting a Commission meeting shall
state in its writing the reasons for its request; the Party shall also
indicate the provisions of the Agreement or additional instruments that it
considers relevant. The Commission shall evaluate the situation and
provide the Parties with an opportunity to make representations and, if
deemed necessary, collect technical information on the matter.

The Commission shall convene within fifteen (15)
days following the date the request was received. The procedure may not
take more than forty-five (45) days from the date the Commission first
met, unless otherwise agreed upon between the Parties.

MERCOSUR-CHILE

Article 46: The administration and evaluation of
this Agreement shall be conducted by an Administrative Commission
consisting of MERCOSUR’s Common Market Group and the General Division of
International Economic Relations of the Ministry of Foreign Affairs of
Chile.

…

The Commission shall adopt all decisions by
consensus among the Parties.

Article 47: The Administrative Commission shall have
the following attributes:

a) ensure the enforcement of this Agreement and
the Additional Protocols and Annexes thereto;

…

d) contribute to settle any dispute pursuant to
Annex 14 and conduct negotiations as provided for in Article 22 of this
Agreement;

Annex 14

Article 5

Where no mutually satisfactory settlement could be
achieved within the timeframe indicated in Article 4 or if the dispute is
settled only partially, either Party may request in writing that the
Commission convene to consider the matter.

Article 6

The Party requesting a Commission meeting shall
state in its writing the reasons for its request; the Party shall also
indicate the provisions of the Agreement or additional instruments that it
considers relevant. The Commission shall evaluate the situation and
provide the Parties with an opportunity to make representations and, if
deemed necessary, collect technical information on the matter.

The Commission shall convene within fifteen (15)
days following the date the request was received. The procedure may not
take more than forty-five (45) days from the date the Commission first
met, unless otherwise agreed upon between the Parties.

ARGENTINA-VENEZUELA

Article 18. For the administration and development
of this Agreement, the signatory countries agree to create the Economic
Complementarity Council (THE COUNCIL) consisting of representatives from
both countries.

On behalf of the Republic of Argentina, it will be
coordinated by the Ministerio de Relaciones Exteriores y Culto (Ministry
of Foreign Affairs and Cult).

On behalf of the Republic of Venezuela, it will be
coordinated by the Instituto de Comercio Exterior (Institute of Foreign
Trade).

THE COUNCIL may establish those Working Groups it
sees fit to fulfil its duties.

Article 19…THE COUNCIL shall define its own rules of
procedure.

Article 21. … .

In the event that no settlement is reached within
thirty (30) days of notification of the dispute, subject to extension by
mutual agreement, the signatory countries shall refer it to THE COUNCIL
envisaged in Article 18. After assessing the situation, THE COUNCIL shall
make the relevant recommendations for settlement of the dispute within
sixty (60) days. To that end, THE COUNCIL may establish or convene panels
of experts or groups of experts to provide technical advisory assistance.

Furthermore, THE COUNCIL shall approve a final
dispute settlement regime within six (6) months from its inception.

BOLIVIA-CHILE

Article 20

The administration of this Agreement shall be
entrusted to a Commission comprising high-level government representatives
of the signatory countries.

Article 21

The Administrative Commission shall have the
following powers, attributes, and functions:

… h. To discharge the functions assigned to it in
dispute settlement proceedings, as provided in the standards set forth
in Chapter XIII of this Agreement;

…

Article 27

…

To better acquit its task, the Administrative
Commission may request technical opinions from individual specialists or
independent specialized agencies, which it shall take into consideration
as additional elements of the case.

BOLIVIA-MEXICO

Article 18-01: Administrative Commission

1. The Parties establish an Administrative
Commission consisting of the officials referred to in Annex 1 to this
Article or the individuals they may appoint to that effect.

2. The Commission shall have the following
functions:

a. To ensure the enforcement and proper
application of this Treaty;
…
c. To resolve disputes that arise regarding its interpretation and
application;

Annex I to Article 18-01: Officials of the
Administration Commission

The officials referred to in Article 18-01 are:

a. In the case of Bolivia; the Minister of Foreign
and Religious Affairs and
b. In the case of Mexico, the Secretary of Trade and Industrial
Promotion or his successor.

Article 19-05: Intervention by the Commission, Good
Offices, Conciliation, and Mediation

1. Either Party may request in writing a meeting of
the Commission should a matter fail to be resolved pursuant to Article
19-04 within forty-five days of delivery of a request for consultations.

2. A Party may also request in writing a meeting of
the Commission where consultations have been held pursuant to Articles
4-21(5) (Technical Consultations) and 13-19(4) (Technical Consultations).

3. The Party that has initiated the proceeding shall
state in its request the measure or other matter complained of and shall
indicate the provisions of this Agreement that it considers relevant, and
shall deliver the request to its National Section of the Secretariat and
to the other Party.

4. The Commission shall meet within ten days of the
delivery of the request, and in order to reach a mutually satisfactory
settlement of the dispute, may:

a. call on such technical advisers or create such
working groups or expert groups as it deems necessary;
b. have recourse to good offices, conciliation, mediation, or such other
dispute resolution procedures;
c. make recommendations.

CANADA-CHILE

Article N-01: The Free Trade Commission

1. The Parties hereby establish the Free Trade
Commission, comprising cabinet-level representatives of the Parties or
their designees.

2. The Commission shall: …

(c) resolve disputes that may arise regarding its
interpretation or application;

3. The Commission may:

(a) establish, and delegate responsibilities to,
ad hoc or standing committees, working groups or expert groups;
(b) seek the advice of nongovernmental persons or groups; and
(c) take such other action in the exercise of its functions as the
Parties may agree.

4. The Commission shall establish its rules and
procedures. All decisions of the Commission shall be taken by mutual
agreement.

5. …. Regular sessions of the Commission shall be
chaired alternately by each Party.

Article N-07: Commission - Good Offices,
Conciliation and Mediation

….

5.The Commission may:

(a) call on such technical advisers or create such
working groups or expert groups as it deems necessary;
(b) have recourse to good offices, conciliation, mediation or such other
dispute resolution procedures; or
(c) make recommendations,

as may assist the Parties to reach a mutually
satisfactory resolution of the dispute.

CHILE-COLOMBIA

Article 32….

(a) … .If the dispute that was raised is not
resolved within twenty days of filing of the complaint, the competent
national agency that initiated the consultations shall request the
intervention of the Administrative Commission provided for in Article 33
of this Agreement.

(b) The Administrative Commission shall evaluate
conscientiously the corresponding allegations and answers to those
allegations, and may request technical information on the case in order
to reach a mutually satisfactory settlement, either through the
Commission’s own action or with a participation of a mediator selected
from a list of names of experts that the Commission shall elaborate
annually for this purpose.

The duration of the proceeding indicated herein
may not exceed thirty days from the date on which the Commission’s
intervention was requested.

(c) Should the dispute not be settled in this
manner, the Administrative Commission shall immediately appoint an
arbitration group ….

Article 33

To improve the operation of this Agreement, the
signatory countries agree to establish an Administrative Commission, under
the presidency of the Ministry of Foreign Affairs in the case of Chile,
and the Ministry of External Trade in the case of Colombia, or by the
persons they designate to represent them. In special cases, depending on
the nature of the issues pending, the Administrative Commission may be
chaired by the ministers with expertise in the particular area.

This Commission shall be formed within 120 days
following the entry into force of this Agreement and shall establish its
own regulations.

Each signatory country shall designate a competent
national agency to act as the national secretariat for this Agreement. The
functions of these agencies shall be established in the regulations of the
Administrative Commission.

The Commission shall have the following attributes:
…

(c) To propose to the governments of the signatory
countries the recommendations it deems advisable to settle the disputes
that may arise from the interpretation and application of this
Agreement;

(d) To designate dispute settlement mediators and
arbitrators;

(e) To regulate dispute settlement proceedings;

CHILE-ECUADOR

Article 32….

(a) … . If, within a period of twenty days, from
the filing of the complaint, the dispute is not resolved, the competent
national body that initiated the consultation shall request the
intervention of the Administrative Committee provided for in Article 33
of this Agreement.

(b) The Administrative Committee shall evaluate
conscientiously the corresponding allegations and answers to those
allegations, and may request technical information relating to the case,
in order to achieve a mutually satisfactory settlement, whether by the
action of the Committee itself or with the participation of a mediator
chosen from a list of names of experts that the Committee shall
elaborate annually for this purpose. The procedure indicated in this
section may not last more than thirty days, counting from the date on
which the Committee’s intervention was requested.

(c) If the dispute cannot be settled in this way,
the Administrative Committee will immediately appoint an arbitration
panel ….

Article 33. In order for this agreement to function
optimally, the signatory countries agree to create an Administrative
Committee, chaired by the Minister for Foreign Affairs of Chile and by the
Minister for Foreign Affairs of Ecuador, or by persons whom they appoint
to represent them. In special cases, according to the nature of the
matters to be considered, the Administrative Committee may be chaired by
the ministers with authority in the areas involved. The Committee is to be
formed within thirty days after the signing of this agreement and is to
establish its own rules of procedure.

Each signatory country will designate an authorized
national organ to act as the country’s secretariat for this agreement. The
functions of these organizations will be established in the rules of
procedure of the Administrative Committee.

The Committee shall have the following attributes: …

c) To propose to the governments of the signatory
countries the recommendations that it deems appropriate to settle
disputes that may arise on the interpretation and application of this
Agreement;

d) To appoint mediators and arbitrators for the
settlement of disputes;

e) To regulate the procedures for dispute
settlement.

CHILE-MEXICO

Article 33

….

a…. If the dispute that was raised is not resolved
within a period of 15 days, beginning from the time of referral of the
matter, the competent national body that initiated the consultations
shall request the intervention of the Administrative Committee provided
for in Article 34 of this Agreement.

b. The Administrative Committee shall objectively
assess the pertinent charges and countercharges, and may request
technical reports pertaining to the matter, with a view to reaching a
mutually satisfactory solution, either through actions taken by the
Committee, or with the participation of a mediator chosen from the names
included on the list of experts that the Commission shall elaborate
annually for this purpose.
The procedure indicated in this section shall not exceed 30 days,
beginning on the date that the intervention of the Committee was
requested.
c. If the dispute cannot be resolved in this manner, the Administrative
Committee shall immediately appoint a panel ….

Article 34

…
In order to achieve the best functioning of this Agreement, the signatory
countries agree to form an Administrative Committee.
…

The Committee shall have the following attributes:

a. to ensure compliance with the provisions of
this Agreement;

b. to recommend to the Government of the signatory
countries amendments to this Agreement;

c. to propose to the Governments of the signatory
countries the recommendations that it deems appropriate for the
settlement of disputes that may arise in the interpretation and
application of this Agreement;

d. to appoint mediators and arbitrators for the
settlement of disputes;

e. to regulate the procedures for the settlement
of disputes

Free Trade Agreement

Article 17-01: Free Trade Commission

1. The Parties hereby establish the Free Trade
Commission, composed of the officials referred to in Annex 17-01(1) or by
such persons as the latter may designate.

2. The Commission shall have the following
functions:

a. to see to the enforcement and proper
application of the provisions of this Treaty;
…
c. to resolve any disputes that may arise regarding its interpretation
or application;

…

3. The Commission may:

a. establish ad hoc or standing committees or
groups of experts and delegate functions to such committees and groups;
b. seek the advice of non-governmental persons or groups;

4. The Commission shall establish its rules and
procedures and take all of its decisions by mutual agreement.

5. The Commission shall meet at least once a year.
Each Party shall alternate in chairing the meetings.

Annex 17-01(1). Officials of the Free Trade
Commission

For the purposes of article 17-01, the officials of
the Free Trade Commission shall be:

1. For Chile, the Minster of Foreign Affairs, or his
successor.

2. For Mexico, the Secretary of Trade and Industrial
Development, or his successor.

Article 18-05: Intervention of the Commission, good
offices, conciliation, and mediation

1. Either Party may request in writing a meeting of
the Commission, if a matter has not been resolved pursuant to article
18.04 within a period of:

a. 30 days of delivery of the request for
consultations;
b. 15 days after delivery of a request for consultations in matters
regarding perishable agricultural goods; or
c. other time agreed on.

2. A Party may also request in writing a meeting of
the Commission where:

a. it has initiated dispute settlement proceedings
under the WTO Agreement regarding any matter subject to article
18-03(3), and has received a request pursuant to article 18-03(4) for
recourse to the dispute settlement procedures under this chapter; or
b. consultations have been held pursuant to article 7-12(4) (Technical
consultations).

3. The Party initiating the procedure shall state in
the request the measure or other matter complained of, indicate the
provisions of this Treaty that it considers relevant, and shall deliver
the request to its section of the Secretariat and the other Party.

4. Unless it decides otherwise, the Commission shall
meet within 10 days of delivery of the request and, with a view to
reaching a mutually satisfactory settlement to the dispute, may:

a. call on such technical advisors or create such
committees of experts as it deems necessary;
b. have recourse to good offices, conciliation, mediation, or such other
dispute resolution procedures; or
c. make recommendations.

5. Unless it decides otherwise, the Commission shall
consolidate two or more proceedings before it pursuant to this Article
regarding the same measure. The Commission may consolidate two or more
proceedings regarding other matters before it pursuant to this Article
that it determines are appropriate to be considered jointly.

CHILE- PERU

Annex 8

Article 5

Should a mutually satisfactory settlement not be
reached within the time indicated in Article 4 or should the dispute be
settled only partially, any signatory country, through its competent
national agency, may request in writing that the Administrative Commission
meet to discuss the matter.

Article 6

The signatory country that requests a meeting of the
Administrative Commission shall state the reasons in its petition and
shall indicate the provisions of the Agreement it considers relevant. The
Administrative Commission shall evaluate the situation, giving the
signatory countries the opportunity to state their positions and
requesting, if it considers it necessary, technical information on the
case. The Administrative Commission shall meet within the fifteen (15)
days following receipt of the request for the meeting, and the duration of
the procedure may not exceed fifteen (15) consecutive days from the date
on which the Administrative Commission met, unless otherwise agreed by the
signatory countries.

CHILE-VENEZUELA

Article 31….

(a) … .If the dispute that was raised is not
resolved within a period of 15 days of filing of the complaint, the
competent national agency that initiated the consultations shall request
the intervention of the Administrative Commission provided for in
Article 33 of this Agreement.

(b) The Administrative Commission shall evaluate
conscientiously the corresponding allegations and answers to those
allegations, and may request any technical reports it deems appropriate
to reach a mutually satisfactory solution, either through the
Commission’s own action or with a participation of a mediator selected
from a list of names of experts that the Commission shall prepare
annually for this purpose.

The duration of the proceeding indicated herein
may not exceed 30 days from the date on which the Commission’s
intervention was requested.

(c) Should the dispute not be settled in this
manner, the Administrative Commission shall immediately appoint an
arbitral group ….

Article 33

To improve the operation of this Agreement, the
signatory countries agree to establish an Administrative Commission, under
the presidency of the Ministry of Foreign Affairs in the case of Chile,
and the Ministry of Foreign Trade, through the Institute of Foreign Trade,
in the case of Venezuela, or by the persons they designate to represent
them. In special cases, depending on the nature of the issues pending, the
Administrative Commission may be chaired by the ministers with expertise
in the particular area.

This Commission shall be formed within 30 days
following the entry into force of this Agreement and shall establish its
own regulations.

Each signatory country shall designate a competent
national agency to act as the national secretariat for this Agreement. The
functions of these agencies shall be established in the regulations of the
Administrative Commission.

The Commission shall have the following attributes:
…

(c) to propose to the Governments of the signatory
countries the recommendations that it deems appropriate for the
settlement of disputes that may arise in the interpretation and
application of this Agreement;

(d) to appoint mediators and arbitrators for the
settlement of disputes;

(e) to regulate the procedures for the settlement
of disputes;

COSTA RICA-ARGENTINA

Article 9 To facilitate compliance with and
development of this Convention, the Contracting Parties agree to set up a
Mixed Costa Rican-Argentine Commission for Economic Cooperation and
Commercial Trade, which shall meet alternatively in San José and Buenos
Aires, twice a year, or as often as the Contracting Parties deem
appropriate.

This Commission may, inter alia: ….

c) Settle all disputes that may arise in the process
of enforcing this Agreement.

COSTA RICA-MEXICO

Article 16-01: Administrative Commission

1. The Parties hereby establish an Administrative
Commission consisting of the officials referred to in Annex 1 to this
Article.

2. The Commission shall have the following
functions:

a. To safeguard the enforcement and proper
application of this Agreement;
….
c. To propose measures aimed at developing this Treaty and its annexes;
d. To contribute to the settlement of disputes that arise regarding its
interpretation and application;

…

3. The Commission may:

a. establish and delegate responsibilities to ad
hoc or standing committees, working groups and expert groups;
b. seek the advice of non-governmental persons or groups; and
c. if the Parties so agree, take such other action in the exercise of
its functions.

Annex I to Article 16-01: Officials of the
Administration Commission

The officials referred to in Article 16-01 are:

a. In the case of Costa Rica, the Minister of
Foreign Trade or his successor; and
b. In the case of Mexico, the Minister of Trade and Industrial Promotion
or his successor;

Article 17-06: Intervention by the Commission, Good
Offices, Conciliation, and Mediation

1. Either Party may request in writing a meeting of
the Commission should a matter not be resolved pursuant to Article 17-05
within forty-five days after the delivery of the request for
consultations.

2. A Party may also request in writing a meeting of
the Commission where consultations have been held pursuant to Articles
4-25 (Dispute Settlement), 5-25 (Referral to the Committee on Rules of
Origin), and 11-20 (Technical Consultations).

3. The Party shall state in the request the measure
or other matter complained of, shall indicate the provisions of this
Agreement that it considers relevant, and shall deliver the request to its
national section of the Secretariat and the other Party.

4. The Commission shall convene within ten days of
the delivery of the request, and in order to reach a mutually satisfactory
settlement of the dispute, may:

a. call on such technical advisors or create such
working groups or expert groups as it deems necessary;
b. have recourse to good offices, conciliation, mediation, or such other
dispute resolution procedures; or
c. make recommendations.

COSTA RICA-URUGUAY

Article XII The Contracting Parties agree to create
a Mixed Costa Rican-Uruguayan Commission for Economic Cooperation that
shall meet in the place and on the dates they agree upon.

The essential duties of the Mixed Commission shall
be:

…

To serve as a forum for settling disputes that may
arise between the Contracting Parties from the application of this
Convention.

COSTA RICA-VENEZUELA

Convention of Partial Scope

Article 45.- In order to administer and to ensure
the best operation of this Agreement, the signatory countries agree to set
up a Mixed Commission, composed of government representatives from both
countries.

Article 46.- The Commission referred to in the above
article shall meet as many times as necessary and shall have, inter alia,
the following attributes:

…

2. To make to the governments of the signatory
countries recommendations deemed appropriate to settle disputes that may
arise regarding the interpretation and application of this Agreement.

…

5. To ensure compliance with the provisions of this
Agreement.

DOMINICAN REPUBLIC-COSTA RICA

Article XI The Contracting Parties agree to create a
Mixed Standing Commission to execute the Clauses of this Agreement,
Agreement, composed of representatives of the Institutions designated by
the Executive Branch of each country, whose duties shall be:

…

f) To ensure compliance with the provisions of the
Agreement and to settle problems and disputes that arise in its
application.

Article XVI Any disputes that may arise concerning
the interpretation and application of any of the clauses of this Contract
shall be settled peacefully between the Parties, in a spirit of
collaboration and for the benefit of both Parties. In exceptional cases,
when this is not possible, the Parties agree to name an Arbitration
Commission, whose decision they are obligated to accept.

ECUADOR-ARGENTINA

Article 23. Disputes that may arise as a result of
the implementation of this Agreement shall be settled by direct
negotiations between the signatory countries.

Should no solution be found within 30 days after the
notification of a dispute, which period of time may be extended by mutual
agreement, the signatory countries shall submit the dispute to the
consideration of the Council provided for in Article 18. Upon evaluating
the situation, the Council shall formulate the pertinent recommendations
to settle the dispute, within a period of 60 days. To this end, the
Council may reestablish or convene panels or groups of experts to draw on
their technical advice. Likewise, the Council shall approve a final
dispute settlement procedure six months after its establishment.

ECUADOR-MEXICO

Article 33

3) Make such recommendations to the governments of
the signatory countries as deemed appropriate to settle disputes that may
arise as a result of the interpretation and application of this Agreement.

ECUADOR-PARAGUAY

Article 40. To submit to the governments of the
signatory countries proposals deemed appropriate for settling disputes
that may arise as a result of the interpretation and application of this
Agreement.

ECUADOR-URUGUAY

Article 22. Disputes that may arise as a result of
the implementation of this Agreement shall be settled by direct
negotiations between the signatory countries.

Should no solution be found within 30 days after the
notification of a dispute, which period of time may be extended by mutual
agreement, the signatory countries shall submit the dispute to the
consideration of the Council provided for in Article 19. Upon evaluating
the situation, the Council shall formulate the pertinent recommendations
to settle the dispute, within a period of 60 days. To this end, the
Council may reestablish or convene panels or groups of experts to draw on
their technical advice. Likewise, the Council shall approve a final
dispute settlement procedure six months after its establishment.

MEXICO-NICARAGUA

Article 19-01: Administrative Commission

The Parties hereby establish an Administrative
Commission consisting of the officials referred to in Annex 1 to this
Article or the individuals they may appoint to that effect.

2. The Commission shall have the following
functions:

a. To ensure the fulfillment and proper
application of this Agreement;
…
c. To resolve disputes that arise regarding its interpretation and
application;

3. The Commission may:

a. establish and delegate responsibilities to ad
hoc or standing committees, working groups or expert groups;
b. seek the advice of non-governmental persons or groups; and
c. if the Parties so agree, take such other action in the exercise of
its functions.

Annex I to Article 19-01: Officials of the
Administration Commission

The officials referred to in Article 19-01 are:

a. In the case of Mexico, the Secretary of Trade
and Industrial Promotion or his successor; and
b. In the case of Nicaragua, the Minister of Economy and Development or
his successor;

Article 20.06: Intervention by the Commission, Good
Offices, Conciliation, and Mediation

1. Either Party may request in writing a meeting of
the Commission should a matter not be resolved pursuant to Article 20-05
within a period of forty-five days after the delivery of the request for
consultations.

2. A Party may also request in writing a meeting of
the Commission where consultations have been held pursuant to Articles
5-14 and 14.18.

3. The Party that initiates the proceeding shall
state in the request the measure or other matter complained of, shall
indicate the provisions of this Agreement that it considers relevant, and
shall deliver the request to its Secretariat and the other Party.

4. The Commission shall convene within ten days of
the delivery of the request, and in order to reach a mutually satisfactory
settlement of the dispute, may:

a. call on such technical advisors or create such
working groups or expert groups as it deems necessary;
b. have recourse to good offices, conciliation, mediation, or such other
dispute resolution procedures; or
c. make recommendations.

PANAMA-COLOMBIA

Article 32. Disputes that may arise in the execution
of this Agreement shall be settled by means of direct consultations
between the coordinating entities of the Parties.

Should an agreement not be reached within thirty
(30) days of notification of the dispute, a period that may be extended by
mutual agreement, the Parties shall refer the matter to the Council
established in Article 35, which shall review the situation, and
formulate, within a period of sixty (60) days, the pertinent
recommendation for the settlement of the dispute. To that end, the Council
may establish or convene panels of experts or groups of experts in order
to obtain their technical advice.

Moreover, the Council shall approve a permanent
system for the settlement of disputes within six (6) months of its
establishment, using as a frame of reference international guidelines in
this area.

Article 35. In order to administer and develop this
Agreement, the Parties agree to establish an Administrative Council,
called the Council, which shall be comprised of representatives of the
public and private sectors designated by the respective Governments.

For the Republic of Panama, coordination shall be
done by the Ministry of Trade and Industry, through the Panamanian
Institute of Foreign Trade, and for the Republic of Colombia, by the
Ministry of Foreign Trade.

This Council shall form the working groups that it
deems appropriate in order to perform its functions.

PANAMA-COSTA RICA

Article 23

This Treaty and any rules derived therefrom shall be
administered by a Joint Standing Commission made up of the Ministers of
Industry and Commerce or their representatives and any advisors from the
public and private sectors that the Contracting Parties may name. The
decisions of this Commission shall be binding on the Signatory States.

Article 24

The Joint Standing Commission shall have the
following attributes:

…. d) To study and resolve any problems and
conflicts related to the implementation of this Treaty and any unfair
trade practices that may affect the trade regime established by this
Treaty;

Rules

Article 16: The Joint Standing Commission shall be
composed of the Minister of the Economy and Commerce of Costa Rica and the
Minister of Commerce and Industry of Panama or their respective
representatives, and any advisors from the public and private sectors that
the Contracting Parties may name.

All members of the Commission must be duly
accredited.

Upon the request of one of the Parties, other
persons, such as those affected by the matters before the Commission, may
participate in the meetings of the Joint Commission in order to provide
all the information that contributes to the best possible decision being
taken.

Article 17: The Joint Standing Commission shall have
the following attributes:

….

e) To study and resolve problems and conflicts
regarding the application of the Treaty and Rules, and unfair trade
practices that affect the trade regime established in this Treaty.

Article 22: The decisions and agreements of the
Commission shall be taken by mutual agreement of the Ministers or their
representatives. Such decisions and agreements are binding on the
Signatory States and will take effect as of an exchange of notes between
the Ministries of Foreign Affairs when so stipulated by the Treaty. When
not so stipulated, they will enter into force on the date set by the Joint
Standing Commission.

Article 27: Any differences and disputes between the
parties regarding the interpretation or application of the Treaty and
Rules shall be resolved initially through direct settlement between the
Administrative Authorities.

If they cannot reach agreement, the matter will be
sent to the Joint Commission. Persons with a direct interest in the matter
in dispute shall not sit on the Commission when the matter is before it.

Article 29: The Administrative Authority to whom the
request is made, shall attend to the matter raised by its counterpart and
respond within fifteen (15) calendar days counting from the date of the
written communication.

If no satisfactory solution has been reached in that
time period, either Party can refer the matter to the Joint Commission for
review and decision, pursuant to the procedure previously established in
these Rules.

PANAMA-DOMINICAN REPUBLIC

Article XVI

In order to coordinate the activities that shall be
developed in the execution of this Agreement, the Contracting Parties
agree to create a Permanent Mixed Commission, comprised of the Minister of
Foreign Affairs of the Dominican Republic and the Minister of Trade and
Industry of Panama, who will preside over the Committee, and advisors from
the public and private sectors that each Contracting Party shall
designate. The decisions of this Comission shall be binding to the
Signatory States.

This Commission shall meet at least once a year or
when requested by one of the Contracting Parties, and the venue of its
meetings shall alternate between the Dominican Republic and Panama.

Article XVII

The Permanent Mixed Commission shall have the
following attributes:

…
c. To study and resolve any problems and conflicts related to the
application of the Treaty and these Rules, and any unfair trade
practices that may affect the trade regime established by this Treaty;
….
j. To carry out any functions, tasks and studies assigned to it by the
Contracting Parties, as well as those that derive from this Agreement.

PANAMA-EL SALVADOR

Rules

Article 19: The Permanent Joint Commission shall be
composed of the Minister of Foreign Trade of El Salvador and the Minister
of Trade and Industry of Panama, or their representatives, as well as
public and private sector advisors designated by each Contracting Party.

The Committee members must be duly accredited.

At the request of one of the Parties, other persons
affected by the problems under review by the Committee may participate in
the Committee meetings for the purpose of providing any information that
may contribute to the most appropriate decision on the problem.

Article 20: The Permanent Joint Commission shall
have the following attributes:

….

e. To study and resolve problems and disputes with
regard to application of the Treaty and these Rules, as well as unfair
trade practices affecting the trade regime established in the Treaty.

Article 25: The decisions and agreements of the
Commission shall be taken by mutual agreement of the Ministers or their
representatives. Such decisions and agreements are binding on the
Signatory States and will take effect as of an exchange of notes between
the Ministries of Foreign Affairs when so stipulated by the Treaty. When
not so stipulated, they will enter into force on the date set by the Joint
Standing Commission.

Article 30: Differences and disputes arising between
the Parties from the interpretation or application of the Treaty or Rules
shall, in the first instance, be settled by the States Parties through
direct settlement between the Administrative Authorities.

If such settlement should not prove possible, the
matter shall be referred to the Joint Commission. Persons with a direct
interest in the matter in dispute may not take part in its review as
members of the Committee.

Article 32: The Administrative Authority to whom the
request is submitted shall attend to the matter raised by its counterpart
and respond within 15 calendar days reckoned from the date of the written
communication.

If, after such period of time, a satisfactory
settlement has not been reached, the matter may be brought by either Party
before the Joint Commission for review and decision, in accordance with
Article 12 of these Rules.

PANAMA-GUATEMALA

Article 21

This Treaty and any rules derived therefrom shall be
administered by a Joint Standing Commission made up of the Ministers of
the Economy and of Industry and Commerce or their representatives and any
advisors from the public and private sectors that the Contracting Parties
may name. Decisions of the Joint Commission shall be binding on the
Signatory States.

Article 22

The Joint Standing Commission shall have the
following attributes:

….

d) To study and resolve any problems and conflicts
related to the application of this treaty and any unfair trade practices
that may affect the trade regime established by the Treaty;

Rules

Article 19: The Joint Standing Commission shall be
composed of the Minister of the Economy of Guatemala and the Minister of
Commerce and Industry of Panama or their respective representatives, and
any advisors from the public and private sectors that the Contracting
Parties may name.

All members of the Joint Commission must be duly
accredited.

Upon the request of one of the Parties, other
individuals, such as those affected by the matters before the Commission,
may participate in meetings in order to inform and contribute to the best
possible decision being taken.

Article 20: The Joint Standing Commission shall have
the following attributes:

….

e) To study and resolve any problems and disputes
related to the application of the Treaty and these Rules, and any unfair
trade practices that may affect the trade regime established by the
Treaty.

Article 26: The decisions and agreements of the
Commission shall be taken by mutual agreement of the Ministers or their
representatives. Such decisions and agreements are binding on the
Signatory States and will take effect as of an exchange of notes between
the Ministries of Foreign Affairs when so stipulated by the Treaty. When
not so stipulated, they will enter into force on the date set by the Joint
Standing Commission.

Article 31: Any differences and disputes between the
parties regarding the interpretation or application of the Treaty and
Rules shall initially be resolved by direct settlement between the
Administrative Authorities.

If they cannot reach agreement, the matter will be
referred to the Joint Commission. Any person with a direct interest in the
question shall not sit on the Commission when the matter is before it.

Article 33: The Administrative Authority to whom the
request is made, shall attend to the matter raised by its counterpart and
respond within twenty (20) calendar days counting from the date of the
written communication.

If no satisfactory solution has been reached in that
time period, either Party can refer the matter to the Joint Commission for
examination pursuant to the provisions of these Rules.

PANAMA-HONDURAS

Article 23

This Agreement and the rules thereof shall be
administered by a Joint Standing Commission consisting of the Minister of
Economy of Honduras and the Minister of Commerce and Industry of Panama or
their representatives, as well as such advisors from the public, private,
business and labor sectors as each Contracting Party may appoint. The
Commission’s decisions shall be binding to the Signatories.

Article 24

The Joint Standing Commission shall have the
following attributes:

….
d. to study and resolve problems and conflicts concerning the
application of this Agreement and any unfair trade practices having an
effect upon the established trading system;

PANAMA-MEXICO

Article 25

The administration of this Agreement shall be the
responsibility of the Sub-Commission on Trade, which was established as
part of the Standing Mixed Commission on Economic Cooperation between
Panama and Mexico chaired by representatives of the Ministry of Trade and
Industry of the Republic of Panama and of the Ministry of Trade and
Industrial Development of Mexico.

The Sub-Commission shall have, inter alia, the
following attributes:

(a) To monitor of compliance with the provisions
of this Agreement;

… (c) To propose to the Governments of the
Contracting Parties recommendations that it as it deems appropriate for
resolving any conflicts that may arise from the interpretation and
application of this Agreement and propose its modification, where
necessary;

…

The Sub-Commission … shall adopt its own rules of
procedure.

PANAMA - NICARAGUA

Article 23

This Treaty and rules derived therefrom shall be
administered by a Joint Standing Commission made up of the Ministers of
Industry and Commerce and of the Economy, Industry and Commerce, or their
representatives and any advisors from the public and private sectors that
the Contracting Parties may name. Decisions of this Commission shall be
binding on the Signatory States.

Article 24

The Joint Standing Commission shall have the
following attributes:

…

d) To study and resolve any problems and conflicts
related to the application of this Treaty and any unfair trade practices
that may affect the trade regime established by the Treaty;

Rules

Article 15: The Joint Standing Commission shall be
composed of the Minister of Commerce and Industry of Panama and the
Minister of the Economy, Industry and Commerce of Nicaragua, or their
respective representatives, and any advisors from the public and private
sectors that the Contracting Parties may name. All members of the
Commission must be duly accredited.

Upon the request of one of the Parties, other
individuals, such as those affected by the matters before the Commission,
may participate in meetings of the Joint Commission.

Article 16: The Joint Standing Commission shall have
the following attributes:
….

f) To study and resolve any problems and disputes
related to the application of the Treaty and these Rules, and any unfair
trade practices that may affect the trade regime established by the Tre
aty;

Article 21: The decisions and agreements of the
Commission shall be taken by mutual agreement of the Ministers or their
representatives. Such decisions and agreements are binding on the
Signatory States and will take effect as of an exchange of notes between
the Ministries of Foreign Affairs when so stipulated by the Treaty. When
not so stipulated, they will enter into force on the date set by the Joint
Standing Commission.

Article 26: Any differences and disputes that arise
between the parties regarding the interpretation or application of the
Treaty and the Rules, as well as competition problems facing an enterprise
or branch of industry, may be resolved by direct settlement between the
Administrative Authorities.

If they cannot reach agreement, the matter shall be
referred to the Joint Commission. Any person with a direct interest in the
matter shall not sit on the Commission when the mater is before it.

Article 28: The Administrative Authority to whom the
request is made must attend to the matter raised by its counterpart and
respond within fifteen (15) calendar days from the date of the written
communication.

If no reply is received within that period, or if
the reply is negative, either Party can refer the matter to the Joint
Commission for examination and decision in accordance with the procedure
previously established in these Rules.

Article 40. The Court of Justice is the judicial
body of the Andean Community.

Article 41. The Court of Justice of the Andean
Community is governed by its Charter, its modifying protocols and this
Agreement.

Treaty - Court of Justice

Article 6.- The Court of Justice of the Cartagena
Agreement is hereby created as a main body of the Agreement, with the
organization and competence established herein.

The Court shall be based in the city of Quito,
Ecuador.

Article 7.- The Court shall consist of five
magistrates who must be natives of Member Countries, enjoy a good moral
reputation and meet the necessary conditions for exercising the highest
judicial role in their respective countries, or be highly competent
jurists.

Magistrates shall enjoy full independence to
exercise their duties. They must not undertake any other professional
activity, raid or otherwise, except teaching; they shall also abstain from
any actions that are incompatible with the nature of their role.

At the request of the Court, and by a unanimous
vote, the Commission of the Cartagena Agreement is hereby authorized to
change the number of magistrates and to create the position of Attorney
General, in accordance with the number and authority to that effect
established in the Bylaws referred to in Article 14.

Article 8.- The magistrates shall be appointed from
three-memberslists submitted by each Member Country and by the unanimous
decision of the Plenipotentiary Representatives entitled to do so. The
Government of the host country shall assemble the Plenipotentiary
Representatives.

Article 9.- Magistrates shall be appointed for a
period of six years, which shall be partially renewed every three years;
they may only be re-elected once.

Article 10.- Magistrates shall each have a first and
second deputy to replace them, in order, in the event of a definitive or
temporary absence or due to an impediment or objection, in accordance with
the provisions set forth in the Court’s Bylaws.

Deputies must have the same qualities as the
principal Magistrates. They shall be appointed on the same date, in the
same manner and for the same period as the principal magistrates.

Article 11.- At the request of the Government of a
Member Country and in accordance with the procedure set forth in the
Court’s Bylaws, magistrates may be removed only if they have committed a
serious fault envisaged therein while exercising their role. To this end,
the Governments of Member Countries shall appoint Plenipotentiary
representatives who, once summoned by the host country, shall solve the
case at a special meeting in which they must reach a unanimous decision.

Article 12.- At the end of their period, magistrates
shall remain in office until such time as the person replacing them takes
over.

Protocol of Cochabamba

Article 5. The Andean Community Court of Justice is
hereby created as the Community’s jurisdictional organ, with the
organization and powers set forth in this Treaty and its Amending
Protocols.

The Court is located in the city of Quito, Ecuador.

Article 6. The Court is composed of five judges who
are to be nationals of the member countries, have a high moral reputation,
and have the characteristics required in their respective countries to
exercise the highest judicial functions or to be jurists of notable
authority.

The judges will enjoy full independence in the
exercise of their functions, may not carry out other professional
activities, remunerated or unremunerated, except teaching, and they shall
abstain from any action incompatible with the nature of their position.

The Andean Council of Ministers for Foreign Affairs,
in consultation with the Court, may change the number of judges and create
the position of general attorney, in the number and with the authority
which the charter referred to in Article 13 establishes.

Article 7. The judges will be named from short lists
of candidates submitted by each member country, and by the unanimous vote
of the Plenipotentiaries accredited for the purpose. The government of the
host country will convene the Plenipotentiaries.

Article 8. The judges will be appointed for a
six-year term, and a portion of these will be replaced every three years,
and may be reelected once and once only.

Article 9. Each judge will have a first and second
alternate to take over his position in cases of permanent or temporary
absence, as well as in cases of disability or recusal, as set forth in the
Court’s charter.

Alternates must meet the same criteria as the
principals. They will be appointed on the same dates, in the same manner
and for the same period as the principals.

Article 10. The judges may be removed at the request
of the government of a member country, only when he has failed seriously
in the exercise of his duties, as provided for in the Court’s charter, and
in accordance with the procedure therein set forth. For this purpose, the
governments of the member countries will designate Plenipotentiaries who,
after being convened by the government of the host country, will deal with
the case and resolve it unanimously in special session.

Article 11. At the end of his term, the judge
will continue in his post until such time as his replacement takes the
bench.

CARICOM

Annex: Article 11 - Disputes Procedure within the
Common Market

2. The Council shall promptly, make arrangements for
examining the matter. Such arrangements may include a reference to a
Tribunal constituted in accordance with Article 12 of this Annex. The
Council shall refer the matter at the request of any Member State
concerned to the Tribunal. Member States shall furnish all information
which may be required by the Tribunal or the Council in order that the
facts may be established and the issue determined.

Annex: Article 12 - Reference to Tribunal

1. The establishment and composition of the Tribunal
referred to in Article11 of this Annex shall be governed by the following
provisions of this Article.

2. For the purposes of establishing an ad hoc
tribunal referred to in Article 11 of this Annex, a list of arbitrators
consisting of qualified jurists shall be drawn up and maintained by the
Secretary-General. To this end, every Member State shall be invited to
nominate two persons, and the names of the persons so nominated shall
constitute the list. The term of an arbitrator, including that of any
arbitrator nominated to fill a vacancy, shall be five years and may be
renewed.

3. Each party to the dispute shall be entitled to
appoint from the list an arbltrator to an ad hoc tribunal. The two
arbitrators chosen by the parties shall be appointed within 30 days
following the date on which the notification was received by the
Secretary-General. The two arbitrators shall within 15 days following the
date of the last of their own appointments, appoint a third arbitrator
from the list who shall be the chairman; as far as practicable the
chairman shall not be a national of any of the parties to the dispute.

4. Where the first two arbitrators fail to appoint a
chairman within the period prescribed, the Secretary-General shall within
15 days following the expiry of that period appoint a chairman. If any
party fails to appoint an arbitrator within the period prescribed for such
an appointment, the Secretary-General shall appoint an arbitrator within
15 days following the expiry of such period. Any vacancy shall be filled
in the manner specified for the initial appointment.

5. Where more than two Member States are parties to
a dispute, the parties concerned shall agree among themselves on the two
arbitrators to be appointed from the list. In the absence of such
appointment within the prescribed period, the Secretary-General shall
appoint a sole arbitrator whether from the list or otherwise, for the
purpose.

….

7. The Secretary-General shall provide the ad hoc
tribunal with such assistance and facilities as it may require.

8. The expenses of-the ad hoc tribunal shall be
defrayed in such manner as determined by the Council.

CACM

Article XXVI

For the purpose of constituting the arbitration
tribunal, each Contracting Party shall propose to the General Secretariat
of the Organization of Central American States the names of three
magistrates from its Supreme Court of Justice. From the complete list of
candidates, the Secretary-General of the Organization of Central American
States and the Government representatives in the Organization shall
select, by drawing lots, one arbitrator for each Contracting party, no two
of them may be nationals of the same State.

GROUP OF THREE

Article 19-07: Recourse to an Arbitral Tribunal

1. Any of the consulting Parties may request, in
writing, that an arbitral tribunal be set up whenever the Commission has
met in accordance with Article 19-06, paragraph 4 and the matter has not
been resolved within:

a) forty-five days following the meeting; orb)
forty-five days after the Commission has convened in respect of the
matter most recently referred to it, where proceedings have been
consolidated pursuant to Article 19-06, paragraph 5.

2. The requesting Party shall deliver its request to
the responsible national bodies of the other Parties. Upon receipt of the
request, the Commission shall establish an arbitral tribunal.

Article 19-08: Roster of Arbitrators

1. The Commission shall establish a roster of up to
thirty (30) individuals who are willing and able to serve as arbitrators.

2. The persons on that list:

a) shall have expertise or experience in law,
international trade, other matters related to this Treaty or the
resolution of disputes arising under international trade agreements;
b) shall be designated strictly on the basis of their objectivity,
trustworthiness and sound judgement;
c) shall be independent of, and not be affiliated with or take
instructions from, any of the Parties;
d) shall comply with the Code of Conduct to be established by the
Commission.

Article 19-09: Formation of the Arbitral Tribunal

1. Where there are two disputing Parties, the
following procedures shall apply:

a) the arbitral tribunal shall comprise five
members;
b) the disputing Parties shall endeavor to designate a chairperson of
the arbitral tribunal within 15 days of delivery of the request to the
request for the establishment of the tribunal. If the disputing Parties
are unable to reach agreement within this period, the disputing party
chosen by lot shall select the chair within five days. The individual
selected as chair:

i. shall not be a national of the Party
designating him or her:
ii. for disputes covered under Article 19-04, paragraph 1,
subparagraph c), shall not be a national of any Party to this Treaty;

c) within 15 days of selection of the chair, each
disputing Party shall select two arbitrators with nationality of the
other Party;
d) if a disputing Party fails to select its arbitrators within such
period, such arbitrators shall be selected by lot from among all those
on the list having nationality of the other disputing Party.

2. When there are more than two disputing Parties,
the following procedure shall apply:

a) the arbitral tribunal shall comprise five
members;
b) the disputing Parties shall endeavor to agree on the chair of the
arbitral tribunal within fifteen days of the delivery of the request for
the establishment of the tribunal. If the disputing Parties are unable
to agree within this period, it shall be decided by lot whether the
Party complained against or the complaining Parties shall make the
selection, which must be made within ten days. The individual chosen
shall not have the nationality of the Party or Parties naming him or
her;
c) within 15 days of the chairperson being named, the Party complained
against shall choose two arbitrators, one from each of the complaining
Parties. The complaining Parties shall select two arbitrators who are
nationals of the Party complained against; and
d) if any disputing Party fails to select an arbitrator within such
period allowed, such arbitrator shall be selected by lot in accordance
with the citizenship criteria of subparagraph c).

3. Arbitrators shall normally be slected from the
roster referred to in Article 19-08.

Article 19-10: Rejection

Any disputing party may exercise a peremptory
challenge against any individual, within fifteen days of being proposed by
a disputing party, as an arbitrator and who is not on the roster referred
to in Article 19-08.

Article 19-11: Remuneration and Expenses.

1. The Commission shall establish the amounts of
remuneration and expenses that will be paid to arbitrators.

2. The remuneration of arbitrators, their travel and
lodging expenses and all general expenses of the arbitral tribunal shall
be borne equally by the disputing Parties.

3. Each arbitrator shall keep a record and render a
final account of the person’s time and expenses, and the arbitral tribunal
shall keep a record and render a final account of all general.

MERCOSUR

Protocol of Brasilia

Article 7

1. When a controversy cannot be resolved through the
application of the procedures referred to in Chapters II and III, any of
the State Parties to the controversy can communicate to the Administrative
Secretariat its intention to resort to the arbitral procedure which is
established in the present Protocol.

Article 9

1. The arbitral procedure will be tried before an ad
hoc Tribunal composed of three (3) arbitrators contained in a list which
is referred to in Article 10.

2. The arbitrators will be chosen in the following
manner:

i. Each State Party to the controversy will
designate one (1) arbitrator. The third arbitrator, who cannot be a
national of the State Parties to the controversy, will be designated
upon common agreement and he or she will preside over the Arbitral
Tribunal. The arbitrators should be named at the end of fifteen (15)
days from the date on which the Administrative Secretariat communicated
to the other State Parties to the controversy the intention of one of
them to resort to arbitration;
ii. Each State Party to the controversy will also nominate an alternate
arbitrator, who should meet the same requirements, in order to replace
the nominal arbitrator in the event of his or her incapacity or
withdrawal from the Arbitral Tribunal, whether it be at the moment of
its formation or during the course of the proceedings.

Article 10

Each State Party will designate ten (10)
arbitrators, which will be included in a list which will be registered
with the Administrative Secretariat. The List, as well as any successive
modifications, will be made known to the State Parties.

Article 11

If one of the State Parties to the controversy
should not nominate its arbitrator within the time limit indicated in
Article 9, then he or she shall be chosen by the Administrative
Secretariat from among the arbitrators of this State, pursuant to the
order established in its respective list.

Article 12

1. If no agreement can be reached between the State
Parties to the controversy concerning the selection of a third arbitrator
within the time limit established in Article 9, the Administrative
Secretariat, at the request of either, will proceed to designate the
arbitrator by lottery from among a list of sixteen (16) arbitrators put
together by the Common Market Group.

2. The aforesaid list, which should also be
registered with the Administrative Secretariat, will be made up in equal
parts of nationals from the State Parties and of nationals from third
countries.

Article 13

The arbitrators that make up the lists which are
referred to in Articles 10 and 12 should consist of jurists of recognized
competence in those matters which can be the subject matter of a
controversy.

Article 14

If two or more State Parties maintain the same
position in a controversy, they will unify their representation before the
Arbitral Tribunal and will designate one arbitrator upon common agreement
within the time limit established in Article 9(2)(i).

Article 24

1. Each State Party to a controversy shall defray
the costs arising from the performance of duties by its designated
arbitrator.

2. The President of the Arbitral Tribunal shall
receive pecuniary compensation, which, along with the other costs of the
Arbitral Tribunal, should be defrayed in equal amounts by the State
Parties to the controversy, unless the Tribunal decides to distribute them
in different proportions.

Rules of the Protocol of Brasilia

Article 9: The states Parties involved in the
dispute shall name, in addition to the arbitrators referred to in Article
9 of the Brasilia Protocol, an alternate arbitrator with all the
qualifications required of the other arbitrators. This alternate shall act
as a substitute in case of sickness or other problem resulting in the
absence of the third arbitrator, either at the time the Arbitration Board
is formed or after the proceedings have begun.

Article 10: By mutual agreement, the States Parties
involved in the dispute may each choose the arbitrator they have the right
to name from a list of names prepared by the other party.

Article 11. If either of the States Parties involved
in the dispute fails to appoint an arbitrator within the fifteen (15) days
allowed by Article 9 of the Brasilia Protocol, the MERCOSUR Administrative
Secretariat shall appoint someone to the position in accordance with
Article 11 of the Protocol and within three (3) days of the passing of the
previous deadline.

Article 12.: If there is no agreement on the third
arbitrator and/or alternate, either of the Parties involved in the dispute
may request the MERCOSUR Administrative Secretariat to proceed to choose
said arbitrator through a drawing, as described in Article 12 of the
Brasilia Protocol. This shall be done within three (3) days of the request
being received.

Article 13: A State Party can at any time modify the
roster of experts it has submitted as part of the process of creating the
list referred to in Article 30 of the Protocol of Brasilia. Nevertheless,
once a dispute or complaint has been submitted to the Common Market Group
in accordance with Article 4 of the Protocol of Brasilia, or received by
this body in accordance with Article 29 of the same, for the case in
question States Parties will not be able to introduce any changes in the
list previously submitted to the MERCOSUR Administrative Secretariat.

Article 14. A State Party can at any time modify the
roster of experts it has submitted as part of the process of creating the
lists referred to in Articles 10 and 12 of the Protocol of Brasilia.
Nonetheless, once a State Party has informed the Administrative
Secretariat of its intention to resort to Arbitration, in accordance with
Article 7 of the Protocol of Brasilia, for the case in question it shall
not be able to modify the list it has previously submitted to the MERCOSUR
Administrative Secretariat.

Article 15. Individuals who have in any capacity
participated in earlier stages of the proceedings, or who do not possess
the requisite independence from the governments of the States Parties,
shall not be eligible to act as arbitrators.

Article 17: The person designated chairman of the
Arbitral Tribunal will be notified of such designation by the
Administrative Secretariat in accordance with the provisions of Article
9.2(1) or of Article 12 of the Protocol of Brasilia.

…

Article 31: The expenses of the Arbitral Tribunal
include monetary compensation of the chairperson and other arbitrators,
and the cost of tickets and other travel, travel allowances, notifications
ad any other expenses caused by the arbitration.

Article 32: The monetary compensation of the
Arbitral Tribunal Chair referred to in Article 24.2 of the Protocol of
Brasilia and of the other arbitrators is to be set jointly by the States
involved in the dispute and then agreed upon with the arbitrators within a
maximum of five (5) days of the designation of the Arbitration Tribunal
Chair.

Article 33: The Common Market Group shall
periodically establish reference figures for determining the monetary
compensation paid to arbitrators and experts and parameters for travel
costs and allowances and other expenses.

Artículo 34 To process the payment of fees for the
arbitrators and experts, as well as any other expenses they incurred, all
relevant receipts, vouchers and invoices shall be submitted.

Article 39: The time periods established in the
Protocol of Brasilia and in these rules shall be calculated as consecutive
days.

Article 40: All communications referred to in the
Brasilia Protocol and in these regulations shall be made in the best
possible way and shall require confirmation of receipt.

Article 41: All documents and proceedings connected
to the procedures established in the Brasilia Protocol and in these rules,
as well as all sessions of the Arbitral Tribunal, shall be considered
privileged information, with the exception of the decision of the Arbitral
Tribunal.

NAFTA

A. Arbitral Panel

Article 2008: Request for an Arbitral Panel

1. If the Commission has convened pursuant to
Article 2007(4), and the matter has not been resolved within:

(a) 30 days thereafter,
(b) 30 days after the Commission has convened in respect of the matter
most recently referred to it, where proceedings have been consolidated
pursuant to Article 2007(6), or
(c) such other period as the consulting Parties may agree, any
consulting Party may request in writing the establishment of an arbitral
panel. The requesting Party shall deliver the request to the other
Parties and to its Section of the Secretariat.

2. On delivery of the request, the Commission shall
establish an arbitral panel.

….

5. Unless otherwise agreed by the disputing Parties,
the panel shall be established and perform its functions in a manner
consistent with the provisions of this Chapter.

Article 2009: Roster

1. The Parties shall establish by January 1, 1994
and maintain a roster of up to 30 individuals who are willing and able to
serve as panelists. The roster members shall be appointed by consensus for
terms of three years, and may be reappointed.

2. Roster members shall:

(a) have expertise or experience in law,
international trade, other matters covered by this Agreement or the
resolution of disputes arising under international trade agreements, and
shall be chosen strictly on the basis of objectivity, reliability and
sound judgment;
(b) be independent of, and not be affiliated with or take instructions
from, any Party; and
(c) comply with a code of conduct to be established by the Commission.

Article 2010: Qualifications of Panelists

1. All panelists shall meet the qualifications set
out in Article 2009(2).

2. Individuals may not serve as panelists for a
dispute in which they have participatedpursuant to Article 2007(5).

Article 2011: Panel Selection

1. Where there are two disputing Parties, the
following procedures shall apply:

(a) The panel shall comprise five members.
(b) The disputing Parties shall endeavor to agree on the chair of the
panel within 15 days of the delivery of the request for the
establishment of the panel. If the disputing Parties are unable to agree
on the chair within this period, the disputing Party chosen by lot shall
select within five days as chair an individual who is not a citizen of
that Party.
(c) Within 15 days of selection of the chair, each disputing Party shall
select two panelists who are citizens of the other disputing Party.
(d) If a disputing Party fails to select its panelists within such
period, such panelists shall be selected by lot from among the roster
members who are citizens of the other disputing Party.

2. Where there are more than two disputing Parties,
the following procedures shall apply:

(a) The panel shall comprise five members.
(b) The disputing Parties shall endeavor to agree on the chair of the
panel within 15 days of the delivery of the request for the
establishment of the panel. If the disputing Parties are unable to agree
on the chair within this period, the Party or Parties on the side of the
dispute chosen by lot shall select within 10 days a chair who is not a
citizen of such Party or Parties.
(c) Within 15 days of selection of the chair, the Party complained
against shall select two panelists, one of whom is a citizen of a
complaining Party, and the other of whom is a citizen of another
complaining Party. The complaining Parties shall select two panelists
who are citizens of the Party complained against.
(d) If any disputing Party fails to select a panelist within such
period, such panelist shall be selected by lot in accordance with the
citizenship criteria of subparagraph (c).

3. Panelists shall normally be selected from the
roster. Any disputing Party may exercise a peremptory challenge against
any individual not on the roster who is proposed as a panelist by a
disputing Party within 15 days after the individual has been proposed.

4. If a disputing Party believes that a panelist is
in violation of the code of conduct, the disputing Parties shall consult
and if they agree, the panelist shall be removed and a new panelist shall
be selected in accordance with this Article.

Annex 2002.2: Remuneration and Payment of Expenses

1. The Commission shall establish the amounts of
remuneration and expenses that will be paid to the panelists, committee
members and members of scientific review boards.

2. The remuneration of panelists or committee
members and their assistants, members of scientific review boards, their
travel and lodging expenses, and all general expenses of panels,
committees or scientific review boards shall be borne equally by:

(a) in the case of panels or committees
established under Chapter Nineteen (Review and Dispute Settlement in
Antidumping and Countervailing Duty Matters), the involved Parties, as
they are defined in Article 1911; or
(b) in the case of panels and scientific review boards established under
this Chapter, the disputing Parties.

3. Each panelist or committee member shall keep a
record and render a final account of the person's time and expenses, and
the panel, committee or scientific review board shall keep a record and
render a final account of all general expenses. The Commission shall
establish amounts of remuneration and expenses that will be paid to
panelists and committee members.

B. Scientific Review Board

Article 2015: Scientific Review Boards

1. On request of a disputing Party or, unless the
disputing Parties disapprove, on its own initiative, the panel may request
a written report of a scientific review board on any factual issue
concerning environmental, health, safety or other scientific matters
raised by a disputing Party in a proceeding, subject to such terms and
conditions as such Parties may agree.

2. The board shall be selected by the panel from
among highly qualified, independent experts in the scientific matters,
after consultations with the disputing Parties and the scientific bodies
set out in the Model Rules of Procedure established pursuant to Article
2012(1).

Model Rules of Procedure for Ch. 20

38. No panel may decide to request a written report
of a scientific review board any later than 15 days after the date of the
hearing, whether on its own initiative or at the request of a disputing
Party.

39. Within five days after the date on which the
panel decides to request a written report of a scientific review board,
the panel shall request that the scientific bodies designated by each
Party from time to time and set out in Appendix I provide, within 15 days
after the date of the delivery of the request, a list of the names of
possible members of the scientific review board, in such numbers as the
panel requests and having expertise in the scientific matters that the
panel identifies. 40. The panel shall deliver the request for the list of
names of possible members of the scientific review board to the
responsible section of the Secretariat which, in turn, shall provide for
the delivery of copies of the request by the most expeditious means
practicable to the other sections of the Secretariat and the participating
Parties.

41. Within 25 days after its decision to request a
written report of a scientific review board and after consulting the
disputing Parties, the panel shall select up to three members to
constitute the scientific review board. The panel shall make its selection
from the lists provided by the scientific bodies wherever possible.

42. The panel shall not select as a member of a
scientific review board an individual who has, or whose employers,
partners, business associates or family members have, a financial or
personal interest in the proceeding.

TRIPARTITE TREATY

Article XXIX. …. [I]t may submit the matter to an
arbitration panel constituted in the following way: each of the
Contracting Parties will propose to the Executive Council the names of
three judges from its Supreme Court. From the total list of candidates,
the Council will select by lot three judges for the panel, each of a
different nationality.

CENTRAL AMERICA - DOMINICAN REPUBLIC

Article 16.05: Perishable Goods

In any dispute involving perishable goods, the
Parties, the Council and the arbitration panel shall accelerate to the
greatest possible extent the time periods established in this chapter.

Article 16.08: Request for an Arbitral Panel

1. Any Party may request in writing the
establishment of an arbitration panel if the Council, has convened
pursuant to Article 16.07(4), and the matter has not been resolved within:

a. thirty (30) days thereafter; or
b. thirty (30) days after the Council has convened and consolidated the
matter most recently referred to it pursuant to Article 16.07.

2. The requesting Party shall deliver the request to
the Council (through its National Section of the Secretariat) and to the
other Parties. The Council shall invite all other consulting Parties to
participate in the arbitration process. The Parties shall have a period of
ten (10) days within which to respond.

3. After such period of time, the Council shall
establish a single arbitral panel with the Parties that accepted the
invitation to participate.

4. The Parties which did not accept to participate
in the arbitral panel pursuant to Paragraph 3 above shall not lose their
right to request the establishment of a different arbitral panel as set
forth in this Chapter, provided that the scope, nature or cause
originating the dispute not be the same, at the discretion of the
interested Party.

5. Unless otherwise agreed upon by the disputing
Parties, the arbitration so established shall perform its duties in
compliance with this Chapter.

Article 16:09: Roster of Arbitrators

1. The Parties shall complete a roster of thirty
(30) individuals who are willing and able to serve as arbitrators.

2. Arbitrators on the roster shall be appointed by
agreement among the Parties to serve for three years and may be
reappointed for similar periods.

3. The roster shall include three (3) national
experts from each Party and twelve (12) experts who are not nationals of
any of the Parties.

4. Arbitrators on the roster shall have the
qualifications stipulated in Article 16:10(1) below.

Article 16.10: Qualifications of Arbitrators

1. All arbitrators shall meet the following
qualifications:

a. They shall have expertise or experience in law,
international trade, and other matters covered by this Treaty or the
resolution of disputes arising under international trade agreements;
b. They shall be selected strictly on the basis of their objectivity,
honesty, and reliability;
c. They shall be independent of and not affiliated with it take
instructions from, any Party and
d. They shall abide by the Code of Conduct to be established by the
Council.

2. Persons may not serve as arbitrators in the same
dispute in which they have participated pursuant to Article 16.07(4).

Article 16.11: Establishment of an Arbitral Panel

1. The following procedures shall apply for the
establishment of an arbitral panel:

a. The arbitral panel shall comprise three (3)
members;
b. The disputing Parties shall endeavor to agree on the Chair of the
arbitral panel within fifteen (15) days following the filing of a
request to establish a panel. If the disputing Parties are unable to
agree within this period, one of the Parties, to be chosen by lot, shall
designate the Chair within five (5) days. To this effect, where two or
more Parties agree to act jointly, one of the Parties, to be chosen by
lot, shall represent the other Parties. The person designated as Chair
of the arbitral panel may not be a national of any of the Parties;
c. Within five (5) days after the election of the Chairman, each
disputing Party shall select by draw a panelist who is a national of the
other disputing Party;
d. If any disputing Party fails to select the panelist within that
period of time, the panelist shall be selected by lot from the roster
among the nationals of the other disputing Party.

2. Panelists shall preferably be selected from the
roster. Within five days after the proposal has been made, any disputing
Party may exercise a peremptory challenge against any individual who is
not on the roster and who is being proposed as a panelist by a disputing
Party.

3. If a disputing Party believes that an arbitrator
is in violation of the Code of Conduct, the disputing Parties shall
consult and if they agree, the arbitrator shall be removed and a new
arbitrator shall be selected in accordance with this Article.

Article 18.01: Joint Administration Council

2. The Council shall fulfil the following duties:

…
k. To set the fees and per diems to be paid to panelists, their
assistants, and experts, which amounts shall be equally dispensed among
the disputing Parties.

MERCOSUR-BOLIVIA

Annex 11

Article 7

Expert Group

Where the matter cannot be solved by means of the
mechanism provided for in Article 6 above, the Commission shall establish
an ad hoc expert group consisting of three experts from the roster
referred to in Article 8 below.

The expert group shall be established as follows:

a) Within ten (10) days following a communication
by the Commission on its decision to establish an Expert Group, each
Party shall appoint an expert to sit in the group. The third expert, who
may not be a national of any of the Parties, shall be appointed by
agreement between the Parties within ten (10) days from the date the
last of the other two experts was designated. The third expert shall
chair the group;
b) Should one of the Parties fail to appoint its expert within the
ten-day timeframe set forth in subparagraph (a) above or where there is
no agreement between the Parties on the third expert, such appointments
shall be made by the Commission by drawing from the roster referred to
in Article 8(2);
c) Each Party shall also appoint a deputy expert to substitute for the
incumbent in case of incapacity or resignation;
d) The Parties may jointly agree to appoint an expert who is not on the
roster referred to in Article 8.

The experts’ per diems shall be defrayed by the
Party appointing them. The Chairperson’s fees and other expenses of the
Expert Group shall be equally dispensed between the Parties.

Article 8

Each Contracting Party shall appoint eight (8)
experts to the roster within three (3) months from the execution of this
Agreement. The roster shall consist of individuals who are highly
competent in trade issues and other matters which may be subject to a
dispute within this Agreement.

Also, each Party shall appoint eight (8) experts
from third countries for the purposes of the draw provided for in Article
7(b).

Article 9

The Commission shall make up a roster based on the
Parties’ proposals; the Commission shall from time to time update such
roster and advise the Parties of any changes thereto.

…

Article 14

The dispute settlement procedure referred to in this
Annex shall be in force for a maximum of three (3) years, after which time
a new facility shall be established which shall include an arbitration
procedure, to be implemented from the beginning of the fourth year of the
entry into force of this Agreement, at the latest.

Where the Parties fail to complete negotiations or
no agreement is reached on said procedure, within the timeframe
established in the previous paragraph, the Parties shall adopt the
arbitration procedure established in Chapter IV of the Brasilia Protocol,
a copy of which is attached hereto.

MERCOSUR-CHILE

Annex 14

Article 7. Expert Group

Where the matter cannot be solved by means of the
mechanism provided for in Article 6 above, the Commission shall establish
an ad hoc expert group consisting of three experts from the roster
referred to in Article 8 below.

The expert group shall be established as follows:

a) Within ten (10) days following a communication
by the Commission on its decision to establish an Expert Group, each
Party shall appoint an expert to sit in the group. The third expert, who
may not be a national of any of the Parties, shall be appointed by
agreement between the Parties within ten (10) days from the date the
last of the other two experts was designated. The third expert shall
chair the group;
b) Should one of the Parties fail to appoint its expert within the
ten-day timeframe set forth in subparagraph (a) above or where there is
no agreement between the Parties on the third expert, such appointments
shall be made by the Commission by drawing from the roster referred to
in Article 8(2);
c) Each Party shall also appoint a deputy expert to substitute for the
incumbent in case of incapacity or resignation;
d) The Parties may jointly agree to appoint an expert who is not on the
roster referred to in Article 8.

The experts’ per diems shall be defrayed by the
Party appointing them. The Chairperson’s fees and other expenses of the
Expert Group shall be equally dispensed between the Parties.

Article 8

Each Contracting Party shall appoint eight (8)
experts to the roster within three (3) months from the execution of this
Agreement. The roster shall consist of individuals who are highly
competent in trade issues and other matters which may be subject to a
dispute within this Agreement.

Also, each Party shall appoint eight (8) experts
from third countries for the purposes of the draw provided for in Article
7(b).

Article 9

The Commission shall make up a roster based on the
Parties’ proposals; the Commission shall from time to time update such
roster and advise the Parties of any changes thereto. …

Article 14

The dispute settlement procedure referred to in this
Annex shall be in force for a maximum of three (3) years, after which time
a new facility shall be established which shall include an arbitration
procedure, to be implemented from the beginning of the fourth year of the
entry into force of this Agreement, at the latest.

Where the Parties fail to complete negotiations or
no agreement is reached on said procedure, the Parties shall adopt the
arbitration procedure established in Chapter IV of the Brasilia Protocol,
a copy of which is attached hereto.

ARGENTINA-CHILE

Second Additional Protocol

Article 7

When the dispute cannot be settled using the methods
referred to in Chapters II and III, any party to the dispute may submit it
to the arbitration proceedings set forth in this chapter.

Article 8

The signatory country that decides to resort to
arbitration shall notify its intention in writing to the other signatory
country, through the national coordinating agency.

Article 9

The signatory countries declare that they recognize
as binding, ipso facto and without special agreement, the jurisdiction of
the Arbitration Panel that is formed, on a case by case basis, to hear and
settle all disputes referred to in Article 1 of this Resolution and hereby
undertake to comply with its decisions.

Article 10

1. The arbitration proceedings shall be heard before
an ad hoc tribunal comprising three arbitrators from the list referred to
in Article 11.

2. The arbitrators shall be appointed as follows:

- Each country party to the dispute shall appoint
one arbitrator. The third arbitrator, who may not be a national of the
countries party to the dispute, shall be appointed by joint agreement
between them and shall preside over the Arbitration Panel. All
arbitrators shall be appointed for a term of 15 days from the date on
which one party communicates to the other its intention to resort to
arbitration.

- Each country party to the dispute shall also
name one alternate arbitrator, who meets the requirements, to replace
the principal arbitrator in the event that the latter is incapacitated,
excused, or disqualified from serving on the Tribunal, either at the
time of its composition or during the course of the proceedings.

Article 11

The Council shall prepare and maintain updated a
list of arbitrators. To that end, each signatory country shall designate
five arbitrators, who shall be kept on the list for a term of five years,
subject to renewal.

Article 12

Should one of the countries party to the dispute
fail to appoint its arbitrator within the time frame indicated in Article
10, or should no agreement be reached between the parties on the choice of
the third arbitrator within the time frame established in that article,
the appointment(s) shall be made by the Secretary General of ALADI or the
person designated by him, pursuant to Article 13.

Article 13

1. In the cases envisaged in Article 12, the
Secretary General of ALADI or person designated by him shall select the
remaining national arbitrators for the list of arbitrators submitted by
the country in question, taking into account the order established in said
list.

2. The third arbitrator shall be appointed by random
selection from a list of eight arbitrators and may not be a national of
the parties to the dispute. This list shall comprise nationals of third
countries that are members of ALADI.

Article 14

The arbitrators comprising the list referred to in
Articles 11 and 13 shall be jurists of recognized competence in matters
that may be subject to dispute. The Council shall prepare the lists within
three months of the date of this Resolution.
…

Article 26

1. Each country party to the dispute shall defray
the costs of the services of the arbitrator it appoints.

2. The services of the President and the costs of
the Arbitration Panel shall be defrayed in equal proportions, or as
otherwise determined by the Tribunal, by the countries party to the
dispute.

ARGENTINA-VENEZUELA

Article 21…After assessing the situation, THE
COUNCIL shall make the relevant recommendations for settlement of the
dispute within sixty (60) days. To that end, THE COUNCIL may establish or
convene panels of experts or groups of experts to provide technical
advisory assistance.

BOLIVIA-CHILE

Article 28

Should the direct negotiations through the competent
national agencies or before the Administrative Commission not lead to a
mutually satisfactory settlement of the dispute submitted, within 30 days,
subject to extension by mutual agreement, the dispute shall be referred
for consideration and judgment to an Arbitration Commission comprising
three experts of recognized expertise in the matter, two of whom shall be
appointed by each of the signatory countries and a third arbitrator, who
shall preside over the Commission.

The President may not be a national of the signatory
countries and shall be appointed by the Secretary General of ALADI from
among the names on a list of experts that the Administrative Commission
shall prepare annually for this purpose.

The Arbitration Commission shall be formed and begin
its work no more than 20 days after the appointment of its members.

BOLIVIA-MEXICO

Annex to Article 18-02: Fees and Per Diems

1. The Commission shall set the fees and per diems
to be paid to panelists and experts.

2. The fees and transportation and accommodation
expenses of all panelists, assistants, and experts shall be equally
dispensed between the Parties.

3. Each panelist and expert shall submit a final
record of his or her time and expenses. The arbitration panel shall keep a
similar record and submit a final report on overhead expenses.
…

Article 19-06: Requesting the Establishment of an
Arbitration Panel

1. Where the Commission, having convened pursuant to
Article 19-05(4), failed to settle the dispute within forty-five days
following the meeting, either Party may request in writing the
establishment of an arbitration panel. The requesting Party shall advise
its National Section of the Secretariat and the other Party of its
request.

2. Upon receiving the request, the Commission shall
establish an arbitration panel.

3. Unless otherwise agreed upon by the Parties, the
arbitration panel shall be established and shall perform its duties in
compliance with this Chapter.

Article 19-07: Roster of Panelists

1. The Commission shall complete a roster of up to
twenty (20) individuals with the necessary qualifications and the attitude
to act as panelists.

2. Roster Members shall:

a. have specialized knowledge and expertise in
law, international trade, and other areas related to this Agreement, or
in the settlement of disputes arising from the application of
international trade agreements;
b. be elected strictly on the basis of their objectivity, reliability,
and good judgement;
c. be independent; they shall neither be related to nor receive
instructions from the Parties; and
d. abide by the Code of Conduct established by the Commission.

…

Article 19-08: Panelist Qualifications

1. All panelists shall meet the qualifications
provided for in Article 19-07(2) above.

2. Individuals who have been parties to a dispute
under Article 19-05(4) may not be panelists to that dispute.

Article 19-09: Establishment of an Arbitration Panel

1. The arbitration panel shall consist of five (5)
members;

2. The Parties shall make reasonable efforts to
agree on the designation of the chairperson of the arbitration panel
within fifteen (15) days following the filing of a request to establish a
panel. Should the Parties fail to agree on this issue within that period
of time, one of the Parties, to be chosen by draw, shall designate the
chairperson within five (5) days. The chairperson of the arbitration panel
may not be a national of the Party appointing him/her.

3. Within fifteen (15) days after the election of
the chairperson, each Party shall choose two panelists from the roster who
are nationals of the other Party;

4. Should a Party fail to select a panelist within
that period of time, the panelist shall be selected by draw from the
roster among the nationals of the other Party.

5. Within fifteen (15) days after the proposal has
been made, either Party may, without having to justify its decision,
object to the appointment of any individual who is not on the roster and
who is being proposed as a panelist by the other Party.

6. Where a Party considers that a panelist has
violated the Code of Conduct, the Parties shall make consultations and may
agree to remove that panelist and appoint another one in compliance with
this Article.

BRAZIL-PERU

Annex IV

…c. If the dispute is not solved by this process,
the Administrative Committee will immediately designate an arbitration
panel made up of two experts from each signatory country and a fifth
arbitrator who may not be a national of the signatory countries and who
will chair the panel.

If no agreement is reached on the appointment of the
fifth arbitrator, the appointment will be made by the Secretary General of
LAIA or whomever he designates. In this respect, any relevant LAIA rule
that exists must be observed.

CANADA-CHILE

Article N-08: Request for an Arbitral Panel

1. If the Commission has convened pursuant to
Article N-07(4), and the matter has not been resolved within:

(a) 30 days thereafter;

(b) 30 days after the Commission has convened in
respect of the matter most recently referred to it, where proceedings
have been consolidated pursuant to Article N-07(6); or

(c) such other period as the Parties may agree,

a Party may request in writing the establishment of
an arbitral panel. The requesting Party shall deliver the request to its
Section of the Secretariat and the other Party.

2. On delivery of the request, the Commission shall
establish an arbitral panel.

3. Unless otherwise agreed by the Parties, the panel
shall be established and perform its functions in a manner consistent with
the provisions of this Chapter.

Article N-09: Roster

1. The Parties shall establish by January 1, 1998 at
the latest and maintain a roster of up to 20 individuals, 4 of whom must
not be citizens of either of the Parties, who are willing and able to
serve as panelists. The roster members shall be appointed by agreement of
the Parties for terms of three years, and may be reappointed.

2. Roster members shall:

(a) have expertise or experience in law,
international trade, other matters covered by this Agreement or the
resolution of disputes arising under international trade agreements, and
shall be chosen strictly on the basis of objectivity, reliability and
sound judgment;

(b) be independent of, and not be affiliated with
or take instructions from, any Party; and

(c) comply with a code of conduct to be
established by the Commission.

Article N-10: Qualifications of Panelists

1. All panelists shall meet the qualifications set
out in Article N-09(2).

2. Individuals may not serve as panelists for a
dispute in which they have participated pursuant to Article N-07(5).

Article N-11: Panel Selection

1. The following procedures shall apply to panel
selection:

(a) The panel shall comprise five members;

(b) The Parties shall endeavour to agree on the
chair of the panel within 15 days of the delivery of the request for the
establishment of the panel. If the Parties are unable to agree on the
chair within this period, the Party chosen by lot shall select within
five days as chair an individual who is not a citizen of a Party;

(c) Within 15 days of selection of the chair, each
Party shall select two panelists who are citizens of the other Party;
and

(d) If a Party fails to select its panelists
within such period, such panelists shall be selected by lot from among
the roster members who are citizens of the other Party.

2. Panelists shall normally be selected from the
roster. A Party may exercise a peremptory challenge against any individual
not on the roster who is proposed as a panelist by the other Party within
15 days after the individual has been proposed.

3. If a Party believes that a panelist is in
violation of the code of conduct, the Parties shall consult and if they
agree, the panelist shall be removed and a new panelist shall be selected
in accordance with this Article.

Article N-14: Scientific Review Boards

1. On request of a Party or, unless the Parties
disapprove, on its own initiative, the panel may request a written report
of a scientific review board on any factual issue concerning
environmental, health, safety or other scientific matters raised by a
Party in a proceeding, subject to such terms and conditions as the Parties
may agree.

2. The board shall be selected by the panel from
among highly qualified, independent experts in the scientific matters,
after consultations with the Parties and the scientific bodies set out in
the Model Rules of Procedure established pursuant to Article N-12(1).

Annex N-02.2: Remuneration and Payment of Expenses

1. The Commission shall establish the amounts of
remuneration and expenses that will be paid to the panelists, committee
members and members of scientific review boards.

2. The remuneration of panelists or committee
members and their assistants, members of scientific review boards, their
travel and lodging expenses, and all general expenses of panels,
committees or scientific review boards shall be borne equally by the
Parties.

3. Each panelist or committee member shall keep a
record and render a final account of the person's time and expenses, and
the panel, committee or scientific review board shall keep a record and
render a final account of all general expenses.

CHILE-COLOMBIA

Article 32. ….

(c) Should the dispute not be settled in this
manner, the Administrative Commission shall immediately appoint an
arbitration group comprising one expert from each signatory country,
selected form the list indicated in the preceding paragraph, and a third
arbitrator, who shall serve as president and who may not be a national
of the signatory countries.

Should there be no agreement on the appointment of
the third arbitrator, said appointment shall be made by the Secretary
General of ALADI or the person designated by him.

CHILE-ECUADOR

Article 32. ….

(c) If the dispute cannot be settled in this way,
the Administrative Committee will immediately appoint an arbitration
panel made up of one expert from each signatory country, chosen from the
list mentioned in the preceding paragraph, and a third arbitrator to
preside, who may not be a national of the signatory countries. If there
is no agreement on the appointment of the third arbitrator, the
appointment will be the responsibility of the Secretary General of LAIA
or of the person whom he designates.

CHILE-MEXICO

Article 33

….
c. If the dispute cannot be resolved in this manner, the Administrative
Committee shall immediately appoint a panel comprised of two experts
from each signatory country, chosen from the list indicated in the
foregoing paragraph and a fifth arbiter who shall preside over the
matter, and who may not be a national of the signatory countries.

If an agreement cannot be reached regarding the
selection of the fifth arbiter, the selection shall be made by the
Secretary General of LAIA or the person selected by him to do so.

Free Trade Agreement

Article 17-02: Secretariat

…

2. Each Party shall: …

b. be responsible for: …
ii. remuneration and expenses that need to be paid to arbitrators, their
assistants, experts, and members of the scientific review committees
appointed under this Treaty, in accordance with annex 17-02.

Annex 17-02: Remuneration and Payment of Expenses

1. The Commission shall establish the amounts of
remuneration and expenses that will be paid to the panelists and their
assistants, experts and members of scientific review committees.

2. The remuneration of panelists and their
assistants, experts, and members of scientific review committees, their
travel and lodging expenses, and all general expenses of the arbitration
groups shall be borne equally by the Parties.

3. Each panelist, their assistants, experts and
members of scientific review committees shall keep a record and render a
final account of the person's time and expenses, and the arbitration group
shall keep a record and render a final account of all general expenses.

…

Article 18-06: Request for an Arbitral Group

1. If the Commission has convened pursuant to
article 18-05(4), and the matter has not been resolved within:

(a) 30 days thereafter;
(b) 30 days after the Commission has convened in respect of the matter
most recently referred to it, where proceedings have been consolidated
pursuant to article 18-05(5); or
(c) such other period as the Parties may agree,

a Party may request in writing the establishment of
an arbitral panel. The requesting Party shall deliver the request to its
Section of the Secretariat and the other Party.

2. On delivery of the request, the Commission shall
establish an arbitral group.

3. Unless otherwise agreed by the Parties, the group
shall be established and perform its functions in a manner consistent with
the provisions of this Chapter.

Article 18-07: List of Arbitrators

1. The Parties shall establish by consensus by
October 1, 1998, a list of up to 20 individuals who are willing and able
to serve as arbitrators, four of which shall not be nationals of any
Party. Such list may be modified every three years.

2. The members of the list shall:

a. have expertise or experience in law,
international trade, other areas related to this Treaty, or the
resolution of disputes arising under international trade agreements;
b. be chosen strictly on the basis of their objectivity, reliability,
and sound judgement;
c. be independent of, and not affiliated with or take instructions from,
any Party; and
d. comply with the code of conduct to be established by the Commission.

Article 18-08: Qualities of Arbitrators

1. All of the arbitrators shall meet the
qualifications the qualifications set out in article 18-07(2).

2. Individuals may not serve as arbitrators for a
dispute in which they have participated pursuant to article 18-05(4).

Article 18-09: Establishment of the Arbitral Group

1. The arbitral group shall comprise five members.

2. The Parties shall endeavor to appoint the Chair
of the arbitral group within 15 after delivery of the request for
establishment of the group. If the Parties are unable to reach agreement
within this period, one of the Parties, selected by lot, shall designate a
Chair within five days. The individual so designated may not be a national
of the country of the Party that designated the chair.

3. Within 15 days of selection of the Chair, each
Party shall select from the list two arbitrators who are nationals of the
other Party.

4. If a Party fails to select an arbitrator within
the period specified in paragraph 3, such arbitrator shall be selected by
lot from among the individuals on the list that are nationals of the other
Party.

5. Arbitrators shall normally be selected from the
roster. Within 15 days after the proposal was made, any Party may exercise
a peremptory challenge against any individual not on the roster who has
been proposed as an arbitrator by one of the Parties.

6 If a Party believes that an arbitrator is in
violation of the code of conduct, the Parties shall consult and if they
agree, the arbitrator shall be removed and a new arbitrator shall be
selected in accordance with this article.

…

Article 18-12: Scientific Review Boards

1. On request of a Party or, unless the Parties
disapprove, on its own initiative, the arbitral group may request a
written report of a scientific review board on any factual issue
concerning environmental, health, safety or other scientific matters
raised by a Party in a proceeding, subject to such terms and conditions as
the Parties may agree.

2. The board shall be selected by the arbitral group
from among highly qualified, independent experts in the scientific
matters, after consultations with the Parties and in accordance with the
model rules of procedure.

CHILE-PERU

Annex 8

Article 7

When the dispute cannot be settled by the
intervention of the Administrative Commission or when the Administrative
Commission does not meet within the time indicated in Article 6, any
signatory country may decide to refer the matter to arbitration. In that
event, the signatory country that decides to resort to arbitration shall
notify the other signatory country and the Administrative Commission
thereof in writing, so that an ad hoc arbitration tribunal may be formed.

Article 8

The signatory countries hereby declare their
recognition of the binding jurisdiction, ipso facto and without special
agreement, of the Arbitration Tribunal which shall be formed in each case
to hear and settle the disputes referred to in Article 1 of this Annex.

Article 9

The arbitration proceedings shall be heard before an
ad hoc tribunal comprising three arbitrators from the list referred to in
Article 10.

The Arbitration Tribunal shall be formed as follows:
a) Within ten days of notification of the decision by one of the signatory
countries to resort to arbitration, each of the signatory countries shall
appoint one arbitrator. The third, who may not be a national or any of the
signatory countries, shall be appointed by mutual agreement between the
signatory countries within 10 days of the appointment of the last of the
aforementioned two arbitrators. The third arbitrator shall preside over
the Arbitration Tribunal.
b) Should one of the signatory countries fail to appoint an arbitrator
within the 10 days established in (a) above or should the signatory
countries fail to reach an agreement on the appointment of the third
arbitrator, these appointments shall be made by the Commission, by random
selection from the list indicated in the second paragraph of Article 10.
c) Each signatory country shall also appoint an alternate arbitrator to
replace the principal arbitrator in the event of the latter being
incapacitated or excused from serving on the Arbitration Tribunal, either
at the time of its formation or during the course of the proceedings.
d) By joint agreement, the signatory countries may appoint an arbitrator
not on the list referred to in Article 10.
The remuneration of the arbitrators shall be set by the Commission. Said
remuneration, travel expenses, and per diem for each arbitrator shall be
defrayed by the signatory country that appoints them. The President’s
remuneration and other expenses of the Arbitration Tribunal, shall be
defrayed, in equal shares, by the signatory countries.

Article 10

The Commission shall prepare and maintain updated a
list of arbitrators. To that end, the signatory country shall designate up
to seven arbitrators for the list, who may be nationals or from third
countries. The arbitrators must be persons with recognized expertise in
matters that might be the subject of disputes and may not be government
officials of the signatory countries.

Similarly, each signatory country shall designate
eight arbitrators from third countries for the random selection envisaged
in Article 9(b).

CHILE-VENEZUELA

Article 31. ….

c) Should the dispute not be settled in this manner,
the Administrative Commission shall immediately appoint an arbitration
group comprising one expert from each signatory country, selected form the
list indicated in the preceding paragraph, and a third arbitrator, who
shall serve as president and who may not be a national of the signatory
countries.

Should there be no agreement on the appointment of
the third arbitrator, said appointment shall be made by the Secretary
General of ALADI or the person designated by him.

COSTA RICA-MEXICO

Annex to Article 16-02: Remuneration and Payment of
Expenses

1. The Commission shall establish the amounts of
remuneration and expenses that will be paid to arbitrators, experts, and
their assistants.

2. The remuneration of arbitrators, experts and
their assistants, their travel and lodging expenses, and all general of
the arbitral tribunals shall be borne equally by the Parties.

3. Panelists, their assistants, and experts shall
keep a record and render a final account of the person’s time and
expenses, and the arbitral tribunal shall keep a similar record and render
a final account of all general expenses.

…

Article 17-04: Perishable Goods

In any dispute involving perishable goods, the
Parties, the Commission, and the arbitration panel referred to in Article
17-07 shall make every effort to accelerate the procedure to the greatest
extent possible. To that effect, the Parties shall try to reduce the time
periods established in this Chapter.

…

Article 17-07: Request for the Establishment of an
Arbitral Tribunal

1. If the Commission has convened pursuant to
Article 17-06(4), and the matter has not been resolved within 45
thereafter, either Party may request in writing the establishment of an
arbitral tribunal. The requesting Party shall deliver the request to its
National Section of the Secretariat and the other Party.

2. On delivery of the request, the Commission shall
establish an arbitral tribunal.

3. Unless otherwise agreed upon by the Parties, the
arbitral tribunal shall be established and shall perform its functions in
compliance with this Chapter.

Article 17-08: Roster of Arbitrators

1. The Commission shall establish a roster of up to
twenty persons who are willing and able to serve as arbitrators. The
roster members shall be appointed by agreement of the Parties for terms of
three years and may be reappointed.

2. Roster members

a. shall have expertise or experience in law,
international trade, other matters covered by this Agreement or in the
resolution of disputes arising under international trade agreements;

b. shall be chosen strictly on the basis of their
objectivity, reliability, and sound judgement;

c. shall be independent of, and not be affiliated
with; nor take instructions from, any Party; and

d. shall comply with the code of conduct to be
established by the Commission.

3. The roster shall include experts who are not
nationals of either Party.

Article 17-09: Qualifications of Arbitrators

1. All arbitrators shall meet the qualifications set
out in Article 17-08(2).

2. Persons who have participated in a dispute
pursuant to Article 17-06(4) may not serve as arbitrators in the same
dispute.

Article 17-10: Establishment of an Arbitral Tribunal

1. The arbitral tribunal shall comprise five
members;

2. The Parties shall endeavor to designate of the
Chair of the arbitral tribunal within 15 days of the delivery of the
request for the establishment of a tribunal. If the Parties are unable to
reach agreement within that period of time, the Party chosen by lot, shall
select within five (5) days. If the Party does not do so, the other Party
shall select the chair. The individual selected as chair of the arbitral
tribunal may not be a national of the Party appointing him/her.

3. Within fifteen (15) days after the selection of
the Chair, each Party shall choose two arbitrators who are nationals of
the other Party;

4. If a Party fails to select an arbitrator within
such period, such arbitrator shall be selected by lot from among the
roster members who are nationals of the other Party.

5. Panelists shall preferably be selected from the
roster. Within fifteen (15) days after the proposal has been made, either
Party may exercise a peremptory challenge against any individual who is
not on the roster and who is being proposed as an arbitrator by the other
Party.

6. If a Party believes that an arbitrator is in
violation of the code of conduct, the Parties shall consult, and if they
agree, the arbitrator shall be removed and a new arbitrator shall be
selected in accordance with this Article.

DOMINICAN REPUBLIC-COSTA RICA

Article XVI Any disputes that may arise concerning
the interpretation and application of any of the clauses of this Contract
shall be settled fraternally between the Parties, in a spirit of
collaboration and for the benefit of both Parties. In exceptional cases,
when this is not possible, the Parties agree to name an Arbitration
Commission, whose decision they are required to accept.

MEXICO-NICARAGUA

Annex to Article 19-02: Remuneration and Payment of
Expenses

1. The Commission shall establish the amounts of
remuneration and expenses that will be paid to arbitrators, experts, and
their assistants.

2. The remuneration of arbitrators, experts and
their assistants, their travel and lodging expenses, and all general of
the arbitral tribunals shall be borne equally by the Parties.

3. Panelists, their assistants, and experts shall
keep a record and render a final account of the person’s time and
expenses, and the arbitral tribunal shall keep a similar record and render
a final account of all general expenses.

Article 20-04: Perishable Goods

In any dispute involving perishable
goods, the Parties, the Commission, and the arbitral tribunal shall make
every effort to accelerate the procedure to the greatest extent possible.
To that effect, the Parties shall try to reduce the time periods
established in this Chapter.

…

Article 20-07: Request for the Establishment of an
Arbitral Tribunal

1. If the Commission has convened pursuant to
Article 20-06(4), and the matter has not been resolved within 45
thereafter, either Party may request in writing the establishment of an
arbitral tribunal. The requesting Party shall deliver the request to its
National Section of the Secretariat and the other Party.

2. On delivery of the request, the Commission shall
establish an arbitral tribunal.

3. Unless otherwise agreed upon by the Parties, the
arbitration panel shall be established and shall perform its functions in
compliance with this Chapter.

Article 20-08: Roster of Arbitrators

1. The Commission shall establish a roster of up to
20 persons who are willing and able to serve as arbitrators. The roster
members shall be appointed by agreement of the Parties for terms of three
years and may be reappointed.

2. Roster members

a. shall have expertise or experience in law,
international trade, other matters covered by this Agreement or in the
resolution of disputes arising under international trade agreements;

b. shall be chosen strictly on the basis of their
objectivity, reliability, and sound judgement;

c. shall be independent of, and not be affiliated
with; nor take instructions from, any Party; and

d. shall comply with the code of conduct to be
established by the Commission.

3. The roster shall include experts who are not
nationals of either Party.

Article 20-09: Qualifications of Arbitrators

1. All arbitrators shall meet the qualifications set
out in Article 20-08(4).

2. Persons who have participated in a dispute
pursuant to Article 20-06(4) may not serve as arbitrators in the same
dispute.

Article 20-10: Establishment of an Arbitral Tribunal

1. The arbitral tribunal shall comprise five
members;

2. The Parties shall endeavor to designate of the
Chair of the arbitral tribunal within 15 days of the delivery of the
request for the establishment of a tribunal. If the Parties are unable to
reach agreement within that period of time, the Party chosen by lot, shall
select within five (5) days. If the Party does not do so, the other Party
shall select the chair. The individual selected as chair of the arbitral
tribunal may not be a national of the Party appointing him/her.

3. Within fifteen (15) days after the selection of
the Chair, each Party shall choose two arbitrators who are nationals of
the other Party;

4. If a Party fails to select an arbitrator within
such period, such arbitrator shall be selected by lot from among the
roster members who are nationals of the other Party.

5. Panelists shall preferably be selected from the
roster. Within fifteen (15) days after the proposal has been made, either
Party may exercise a peremptory challenge against any individual who is
not on the roster and who is being proposed as an arbitrator by the other
Party.

6. If a Party believes that an arbitrator is in
violation of the code of conduct, the Parties shall consult, and if they
agree, the arbitrator shall be removed and a new arbitrator shall be
selected in accordance with this Article.

PANAMA-COLOMBIA

Article 32. … [T]he Council may establish or convene
panels of experts or groups of experts in order to obtain their technical
opinion.

Moreover, the Council shall approve a permanent
system for the settlement of disputes within six (6) months of its
establishment, using as a frame of reference international guidelines in
this area.

PANAMA-COSTA RICA

Article 25….If they do not reach an agreement
through the procedure set out in the Rules, the Contracting Parties agree
to name an Arbitration Commission and accept its ruling.

Rules

Article 31: If the Mixed Commission cannot reach
agreement on the question through the procedures established in these
Rules, the Contracting Parties agree to appoint an Arbitral Commission for
final resolution of their differences regarding interpretation or
application of the norms regulating trade between them under the
provisions of the Treaty.

The Arbitration Commission shall be composed of
three members: one arbitrator appointed by each of the Governments of the
Contracting Parties, and a third arbitrator, to serve as President, chosen
by the arbitrators representing the Governments.

PANAMA- DOMINICAN REPUBLIC

Article XVIII… If they do not reach an agreement
through the procedure set out in the Rules, the Contracting Parties agree
to name an Arbitration Commission and accept its ruling.

PANAMA- EL SALVADOR

Article 18

…

If they do not reach an agreement through the
procedure set out in the Rules, the Parties agree to name an Arbitration
Commission and accept its ruling.

Rules

Article 34: In the event that an agreement cannot be
reached by the Permanent Mixed Commission through the procedure set forth
in these Rules, the Contracting Parties undertake to appoint and accept
the ruling of an Arbitration Commission that resolves definitively the
differences of interpretation or application of provisions governing trade
between the two countries under the Treaty.

The Arbitration Commission shall be composed of
three members: one arbitrator appointed by each of the Governments of the
Contracting Parties, and a third arbitrator, to serve as President, chosen
by the arbitrators representing the Governments.

PANAMA- GUATEMALA

Article 23…. If they do not reach an agreement
through the procedure set out in the Rules, the Parties agree to name an
Arbitration Commission and accept its ruling.

Rules

Article 35: If no agreement is reached by the Mixed
Commission through the procedure established in these Rules, the
Contracting Parties agree to appoint an Arbitration Commission that
resolves definitively their differences regarding interpretation or
application of the norms regulating trade between them under the
provisions of the Treaty and these Rules.

The Arbitration Commission shall be composed of
three members: one arbitrator appointed by each of the Governments of the
Contracting Parties, and a third arbitrator, to serve as President, chosen
by the arbitrators representing the Governments.

PANAMA-HONDURAS

Article 25… If they do not reach an agreement
through the procedure set out in the Rules, the Parties agree to name an
Arbitration Commission and accept its ruling.

PANAMA-NICARAGUA

Article 25…. If they do not reach an agreement
through the procedure set out in the Rules, the Parties agree to name an
Arbitration Commission and accept its ruling.

Rules

Article 30: If no agreement is reached by the Mixed
Commission through the procedure established in these Rules, the
Contracting Parties agree to appoint an Arbitration Commission that
resolves definitively their differences regarding interpretation or
application of the norms regulating trade between them under the
provisions of the Treaty.

The Arbitration Commission shall be composed of
three members: one arbitrator appointed by each of the Governments of the
Contracting Parties, and a third arbitrator, to serve as chair, chosen by
the arbitrators representing the Governments.

Article 17.- It is up to the Court to nullify the
Decisions taken by the Commission and the Resolutions issued by the Board
that violate the rules comprising the legal system of the Cartagena
Agreement, even though deviation of power, at the request of either a
Member Country, the Commission, the Board, individuals or companies under
the conditions envisaged in Article 19 herein below.

Article 28.- It is up to the Court to issue a
pre-judicial interpretation of the rules comprising the legal system of
the Cartagena Agreement, in order to ensure its uniform application in the
territories of Member Countries.

Article 30.- The Court’s interpretation must be
limited to specifying the contents and scope of the rules of the legal
system governing the Cartagena Agreement. The Court may neither interpret
the contents and scope of municipal laws nor determine the merits of
matters concerning the proceeding.

Article 35.- When the Court considers it necessary
in order to fulfil its role, it may directly address the authorities of
Member Countries.

By-Laws

Article 2.- The Court - the jurisdictional body
instituted to ensure respect for the law in the application and
interpretation of the legal system of the Agreement - is governed by the
Treaty, these Bylaws and by the Internal Rules.

Protocol of Cochabamba

Article 21. The lodging of the nullification action
will not affect the effect or force of the challenged rule or agreement.

However, the Court, at the request of the claimant,
following the placing of a bond, if it deems this necessary, may order
that the execution of the decision, resolution or agreement that is
subject to the request for nullification be provisionally suspended; the
Court may also take other precautionary measures if irreparable damage, or
damage difficult to remedy, is or could be caused by the ultimate
decision.

…

Article 28. The Court, before handing down a final
ruling, at the request of the claimant, and following the placing of a
bond, if it deems this necessary, may order the provisional suspension of
the measure that is alleged to be in violation, if it causes or may cause
irreparable harm or harm that is difficult to remedy to the claimant or to
the subregion.

…

Article 32. It is the Court’s responsibility to give
a pre-judicial interpretation of the rules that make up the legal
structure of the Andean Community, in order to ensure that they are
uniformly enforced throughout the territory of the member countries.

Article 33. National judges hearing a proceeding in
which any of the rules making up the legal structure of the Andean
Community are to be applied or are the subject of dispute may directly
request the interpretation of the Court on such rules, provided that the
ruling is subject to appeal under domestic law. If the time comes for a
ruling without the Court’s interpretation having been received, the judge
must make a ruling.

In all proceedings in which the ruling is not
subject to appeal under domestic law, the judge shall suspend proceedings
and request directly on his own initiative, or at the request of the
party, the Court’s interpretation.

Article 34. The judge hearing the proceedings shall,
in his ruling, limit himself to considering the content and scope of the
rules making up the legal structure of the Andean Community related to the
specific case. The Court may not interpret the content and scope of
domestic law nor judge the factual issues of the case, notwithstanding
which he may refer to these when it is essential for purposes of the
interpretation being sought.

Article 35. The judge handling the case shall adopt
the Court’s interpretation in his ruling.

…

Article 38. The Court has authority to settle,
through arbitration, disputes that arise regarding the enforcement or
interpretation of contracts, pacts or agreements signed by organs and
institutions of the Andean System of Integration, or between them and
third parties, when the parties so agree.

Private individuals may agree to submit to
arbitration, by the Court, disputes that arise in regard to the
enforcement or interpretation of elements of private contracts governed by
the legal structure of the Andean Community.

At the option of the parties, the Court will issue
its ruling, whether based on law or on equitable principles, and it will
be binding, not subject to appeal, and will constitute legal and
sufficient cause to request that it be executed in accordance with the
domestic provisions of each member country.

Article 39. The General Secretariat has authority to
settle, through arbitration, disputes brought before it by private parties
regarding the enforcement or interpretation of elements of private
contracts governed by the legal structure of the Andean Community.

The General Secretariat will issue its ruling in
accordance with criteria of fairness and procedural technicalities and
with the legal structure of the Andean Community. Its ruling will be
binding and not subject to appeal unless the parties agree otherwise, and
will constitute legal and sufficient cause to request its execution in
accordance with the domestic provisions of each member country.

Article 40. The Court has authority to hear labor
disputes that arise in the organs and institutions of the Andean
Integration System.

…

Article 44. When it considers it necessary for
carrying out its functions, the Court may deal directly with authorities
in the member countries.

GROUP OF THREE

Decision No. 9

The mandate of the arbitral panel shall be: to
examine, in light of the applicable provisions of the Treaty, the matter
submitted to the Commission, in the terms of the request for the meeting
of same, and to issue conclusions, findings and decisions referred to in
articles 19-14 and 19-15.

MERCOSUR

Protocol of Brasilia

Article 8

The State Parties declare that they recognize as
obligatory, ipso facto and without need of a special agreement, the
jurisdiction of the Arbitral Tribunal which in each case is established in
order to hear and resolve all controversies which are referred to in the
present Protocol.

Article 15

In each case, the Arbitral Tribunal shall establish
its seat in one of the State Parties and will adopt its own rules of
procedure. These rules should guarantee that each party to the controversy
shall have the fullest opportunity to be heard and to present its proof
and arguments and it shall also be guaranteed that the proceedings occur
in an expeditious manner.

Article 18

1. The Arbitral Tribunal can, at the request of an
interested party and to the extent that there exist well-founded
presumptions that a continuation of the current situation will cause
severe and irreparable damage to one of the State Parties, issue
provisional measures which it considers appropriate, according to the
circumstances and pursuant to the conditions that the Tribunal itself
establishes, in order to prevent such damages.

2. The parties to the controversy shall immediately
or within the time limit determined by the Arbitral Tribunal, comply with
whatever provisional measure, until such time as the decision that is
referred to in Article 20 is issued.

Protocol of Ouro Preto

Annex: General Procedure for Complaints to the
Mercosur Trade Commission.

Article 7 …Before giving a ruling, withing fifteen
(15) days of its being set up, the Arbitration Tribunal must announce the
interim measures it considers appropriate under the conditions laid down
in Article 18 of the Brasilia Protocol.

NAFTA

Article 2012: Rules of Procedure

3. Unless the disputing Parties otherwise agree
within 20 days from the date of the delivery of the request for the
establishment of the panel, the terms of reference shall be:

"To examine, in the light of the relevant
provisions of the Agreement, the matter referred to the Commission (as
set out in the request for a Commission meeting) and to make findings,
determinations and recommendations as provided in Article 2016(2)."

4. If a complaining Party wishes to argue that a
matter has nullified or impaired benefits, the terms of reference shall so
indicate.

5. If a disputing Party wishes the panel to make
findings as to the degree of adverse trade effects on any Party of any
measure found not to conform with the obligations of the Agreement or to
have caused nullification or impairment in the sense of Annex 2004, the
terms of reference shall so indicate.

Article 2014: Role of Experts

On request of a disputing Party, or on its own
initiative, the panel may seek information and technical advice from any
person or body that it deems appropriate, provided that the disputing
Parties so agree and subject to such terms and conditions as such Parties
may agree.

Article 2015: Scientific Review Boards

1. On request of a disputing Party or, unless the
disputing Parties disapprove, on its own initiative, the panel may request
a written report of a scientific review board on any factual issue
concerning environmental, health, safety or other scientific matters
raised by a disputing Party in a proceeding, subject to such terms and
conditions as such Parties may agree.

2. The board shall be selected by the panel from
among highly qualified, independent experts in the scientific matters,
after consultations with the disputing Parties and the scientific bodies
set out in the Model Rules of Procedure established pursuant to Article
2012(1).

Model Rules of Procedure for Ch. 20

44. Within five days after the date on which the
last member of the scientific review board is selected, the panel shall
finalize the factual issues to be referred to the board, and may consult
with members of the board in this regard.

CENTRAL AMERICA - DOMINICAN REPUBLIC

Article 16.12: Rules of Procedure

…

3. The mission of the panel, to be described in the
Mandate, shall be as follows:

Based on the provisions herein, to examine the
dispute submitted to it for consideration in the request for a Council
meeting and issue a preliminary finding and a final resolution.

4. If the Party claims that a measure has nullified
or impaired any benefits under Article 16.03(2)(b), the Mandate shall so
indicate. Where a contending Party requests that a panel should determine
the extent of the adverse commercial effects upon any Party by a measure
deemed inconsistent with this Agreement or said to have caused
nullification or impairment under Article 16.03(2)(b), the Mandate shall
so indicate.

Article 16.13: Information and Technical Assistance

At the request of a contending Party or ex-officio,
the arbitration panel may gather information and request technical
assistance from such individuals or agencies as deemed relevant to the
case.

ARGENTINA-CHILE

Second Additional Protocol

Article 18

1. The Arbitration Panel may, at the request of one
of the countries party to the dispute, issue any provisional measures it
deems appropriate under the circumstances and on terms that the Tribunal
itself shall establish to prevent grave and irreparable injury to one of
the parties to the dispute.

BOLIVIA-MEXICO

Article 19-10: Standard Rules of Procedure

3. The mission of the panel, to be described in the
Mandate, shall be as follows:

“Based on the provisions herein, to examine the
dispute submitted to the Commission for consideration under the terms of
the request for a Commission meeting and issue findings and resolutions as
defined in Articles 19-12(2) and 19-13.”

4. If the claiming Party states that a measure has
nullified or impaired any benefits, the Mandate shall so indicate.

5. Where a Party requests that a panel should
determine the extent of the adverse commercial effects upon any Party by a
measure deemed inconsistent with this Agreement or said to have caused
nullification or impairment under the Annex to Article 19-02, the Mandate
shall so indicate.

Article 19-11: Role of Experts

At the request of a Party or ex-officio, the
arbitration panel may gather information and seek technical assistance
from such individuals or bodies as deemed relevant to the case.

CANADA-CHILE

Article N-12: Rules of Procedure

4. Unless the Parties otherwise agree within 20 days
from the date of the delivery of the request for the establishment of the
panel, the terms of reference shall be:

"To examine, in the light of the relevant provisions
of the Agreement, the matter referred to the Commission (as set out in the
request for a Commission meeting) and to make findings, determinations and
recommendations as provided in Article N-15(2)."

5. If the complaining Party wishes to argue that a
matter has nullified or impaired benefits, the terms of reference shall so
indicate.

6. If a Party wishes the panel to make findings as
to the degree of adverse trade effects on a Party of any measure found not
to conform with the obligations of the Agreement or to have caused
nullification or impairment in the sense of Annex N-04, the terms of
reference shall so indicate.

Article N-13: Role of Experts

On request of a Party, or on its own initiative, the
panel may seek information and technical advice from any person or body
that it deems appropriate, provided that the Parties so agree and subject
to such terms and conditions as the Parties may agree.

Article N-14: Scientific Review Boards

1. On request of a Party or, unless the Parties
disapprove, on its own initiative, the panel may request a written report
of a scientific review board on any factual issue concerning
environmental, health, safety or other scientific matters raised by a
Party in a proceeding, subject to such terms and conditions as the Parties
may agree.

CHILE-COLOMBIA

Article 32. …

(d) The arbitration procedure shall be subject to
the Regulations issued by the Administrative Commission to that effect. …

The arbitrators shall have 30 days, subject to
extension for a further 30 days, from the date of their appointment in
which to issue their resolution.

CHILE-ECUADOR

Article 32. …

(d) The arbitration procedure shall be subject to
the Regulations issued by the Administrative Commission to that effect. …

The arbitrators shall have 30 days, subject to
extension for a further 30 days, from the date of their appointment in
which to issue their resolution.

CHILE-MEXICO

Article 33

d) The arbitration procedure shall be subject to the
regulations issued by the Administrative Committee for this purpose.

…

The arbitrators shall have a period of 30 days,
which may be extended for the same period, beginning on the date of their
selection, to issue a decision.

Free Trade Agreement

Article 18-10: Model rules of procedure

…..

4. Unless otherwise agreed by the Parties, within 20
days after the date of delivery of the request to establish the
arbitration group, the latter's mandate shall be:

"To examine in light of the applicable provisions of
this Treaty, the matter submitted to the Commission in accordance with the
request for the meeting thereof and to issue the reports referred to in
articles 18-13 and 18-14."

5. If the objecting Party alleges that a matter has
been grounds for cancellation or loss of benefits, the mandate shall so
indicate.

6. If an objecting Party requests that the
arbitration group prepare its findings on the adverse effects of the
measure adopted by the other Party, that the objecting Party deems
incompatible with the obligations of this Treaty or grounds for
cancellation or loss pursuant to annex 18-02, the mandate shall so
indicate.

Article 18-11: Functions of the experts

At the request of either Party or officially, the
arbitration group may procure information and technical assistance from
such persons or groups of persons that are deemed appropriate.

Article 18-12: Scientific review committees

1. At the request of either Party or, unless
disapproved by both Parties, the arbitration group may on its own
initiative, request a written report from the scientific review committee
on any points of fact relating to environmental matters, health, security,
or any other scientific matter raised by either Party in the proceedings,
in accordance with such terms and conditions as are agreed on by the
Parties.

CHILE-PERU

Article 14

The Arbitration Tribunal may, at the request of one
of the signatory countries recommend provisional precautionary measures to
prevent grave and irreparable injury. The signatory countries may take
account of these recommendations.

CHILE-VENEZUELA

Article 31. …

d) The arbitration procedure shall be subject to the
Regulations issued by the Administrative Commission to that effect. …

The arbitrators shall have 30 days, subject to
extension for a further 30 days, from the date of their appointment in
which to issue their resolution.

COSTA RICA - MEXICO

Article 17-11: Rules of Procedure

…

3. The mission of the panel, to be described in the
Mandate, shall be as follows:

“Based on the provisions herein, to examine the
dispute submitted to it for consideration under the terms of the request
for a Commission meeting and issue findings and resolutions as defined in
Articles 17-13(2) and 17-14.”

4. If the claiming Party states that a measure has
nullified or impaired any benefits under the Annex to Article 17-02, the
Mandate shall so indicate.

5. Where a contending Party requests that a panel
should determine the extent of the adverse commercial effects upon any
Party by a measure deemed inconsistent with this Agreement or said to have
caused nullification or impairment under the Annex to Article 17-02, the
Mandate shall so indicate.

Article 17-12: Role of Experts

At the request of a Party or ex-officio, the
arbitration panel may gather information and request technical assistance
from such individuals or bodies as deemed relevant to the case.

MEXICO - NICARAGUA

Article 20-11: Rules of Procedure

….

3. The mission of the panel, to be described in the
Mandate, shall be as follows:

“Based on the provisions herein, to examine the
dispute submitted to it for consideration under the terms of the request
for a Commission meeting and issue findings and resolutions as defined in
Articles 20-13 and 20-14.”

4. If the claiming Party states that a measure has
nullified or impaired any benefits under the Annex to Article 20-02, the
Mandate shall so indicate.

5. Where a contending Party requests that a panel
should determine the extent of the adverse commercial effects upon any
Party by a measure deemed inconsistent with this Agreement or said to have
caused nullification or impairment under the Annex to Article 20-02, the
Mandate shall so indicate.

Article 20-12: Role of Experts

At the request of a Party or ex-officio, the
arbitration panel may gather information and request technical assistance
from such individuals or bodies as deemed relevant to the case.

PANAMA - COSTA RICA

Rules

Article 31: [T]he Contracting Parties agree to
appoint an Arbitration Commission for final resolution of their
differences regarding interpretation or application of the norms
regulating trade carried out between them under the provisions of the
Treaty. …

PANAMA - DOMINICAN REPUBLIC

Article XVIII

…[T]he Contracting Parties pledge to appoint an
Arbitration Commission and to abide by its findings. …

PANAMA - EL SALVADOR

Article 18

…. [T]he Parties undertake to appoint and accept the
ruling of an Arbitration Commission. …

Rules

Article 34: … [T]he Contracting Parties undertake to
appoint and accept the ruling of an Arbitration Commission definitively
resolving the differences of interpretation or application of provisions
governing trade between the two countries under the Treaty.

PANAMA - GUTEMALA

Rules

Article 35: … [T]he Contracting Parties agree to
appoint an Arbitration Commission for final resolution of their
differences regarding interpretation or application of the norms
regulating trade carried out between them under the provisions of the
Treaty and these Rules.

PANAMA-NICARAGUA

Article 30: [T]he Contracting Parties agree to
appoint an Arbitration Commission for final resolution of their
differences regarding interpretation or implementation of the norms
regulating trade carried out between them under the provisions of the
Treaty.

Article 14. … It shall be up to the Court to issue
its Internal Rules.

By-Laws

Article 3.- Magistrates and deputies are appointed
for fixed periods counted from the day after the termination of their
predecessors’ term in office.

Article 4.- On the first day of their term or no
more than thirty days later, appointed magistrates shall take the oath of
office at a Court session held in the Court premises, swearing to carry
out their job conscientiously and completely impartially, to keep the
Court discussions secret and to fulfil all the duties inherent to their
role.
The Court President shall then declare the
magistrate in office and he shall start exercising his duties immediately.
Minutes of this session shall be signed by the
President, the respective Magistrate and the Secretary.

Article 5.- At the request of whom it may concern
and at a plenary session, the Court may lift the immunity granted to
magistrates by virtue of Article 13 of the Treaty. To this effect and
after studying the background information, the Court shall issue a
reasoned resolution.
Should the magistrate be submitted to a trial once
the immunity has been lifted, the trial must take place before the
jurisdiction competent to judge the highest ranking magistrates of the
Member Country in which the matter is being processed.
In the event of a verdict of guilty in a penal
action, the Court shall determine the vacancy of the post.

Article 8.- First and second deputies, in order,
shall be summoned by the President to replace the magistrate in the
following cases:

a) When the appointed magistrate, without sufficient
justification according to the Court’s plenary session, fails to attend
the swearing in ceremony within thirty days after the start of his term in
office, for the rest of that term.

b) In the event of the magistrate’s death,
resignation, removal or vacancy of the post, for the remainder of the
respective term.

c) During the entire time that the magistrate is on
leave.

d) In cases of an admitted impediment or challenge
to the judge and only with respect to the hearing and judgement of the
corresponding proceeding.

The deputy thus summoned shall take the oath of
office referred to in Article 4 herein above and shall immediately begin
exercising his duties.

Article 9.- Magistrates and deputies shall be
appointed at least two months before the end of their predecessors’ term
in office.
To this effect, the Government of the host country
shall request the submission of the respective lists and shall call a
meeting of the plenipotentiary representatives at least three months
before the end of that term.
(…)

Article 10.- The Court shall have a President who
shall remain in office for one year. This role shall be played
successively by each of the magistrates, who shall establish the order by
agreement or by casting lots.

Article 11.- The President shall represent the
Court, direct its work and services, call meetings and preside over
sessions and hearings.
In addition to the powers granted in these Bylaws
and in the Internal Rules, the President shall carry out the role and
duties inherent to his authority.
…

Article 24.- The Court shall operate permanently in
its site in the city of Quito.

Article 25.- On the dates and at the times
established in the Internal Rules, the Court shall meet in a plenary
session with a quorum of five magistrates, adopting its resolutions with
the vote of approval of at least three of them.

Article 26.- The Court shall pass judgement at a
plenary session (…). The Court shall also hear and resolve at a plenary
session when specifically stipulated in these Bylaws.

Article 27.- The Court may meet with a quorum of
three magistrates to discuss matters for which these Bylaws do not demand
a plenary session.
In that case, it shall adopt its resolutions with
the vote of approval of at least three magistrates if there are four or
five voters and at least two votes if there are three voters.

Article 28.- The Secretary shall attend the
sessions, unless otherwise stated by the Court or in these Bylaws.
When the Secretary is not present at a Court
meeting, the magistrate appointed as Acting Secretary shall take the
corresponding minutes, if relevant, which shall be signed by the President
and such magistrate.

Article 30.- During the final deliberation of the
proceeding, the magistrates shall express their reasoned opinion.
The Court’s judgements must be signed by the
President, the other magistrates and the Secretary and dissenting votes or
opinions shall not be expressed therein.
Once judgement has been passed, the Secretary shall
inform the Board so that it can be published in the Official Gazette of
the Agreement.

Article 31.- The Court, at a plenary session and by
means of a resolution published in the Official Gazette of the Agreement,
shall determine the system and period of the annual judicial vacation,
which cannot exceed thirty days.
(…)

Article 32.- The parties shall perform judicial acts
before the Court either themselves or through a representative or proxy to
whom powers were granted in accordance with the legislation of the
corresponding Member Country; if that person is not a lawyer, he must be
assisted by an attorney duly authorized to exercise his profession in a
Member Country. The parties may have as many advisors as they consider
necessary.

Article 33.- Representatives, attorneys and advisors
in a proceeding shall enjoy all the necessary guarantees and facilities to
carry out their activities in the Court with total freedom.
For its part and as far as the representatives,
attorneys and advisors are concerned, the Court shall establish the
necessary disciplinary powers for the normal development of the
proceeding.
(…)

Article 34.- The purpose of the procedures envisaged
in these Bylaws is to enforce rights, safeguard the spirit of integration,
maintain the equality of the parties and duly guarantee the proceedings.
(…)

Article 35.- Any proceeding concerning actions of
nullification or noncompliance envisaged in the Treaty, shall be filed by
means of a claim addressed to the Court President and signed by the party
and his attorney, the original and three copies of which must be submitted
to the Court Secretary.

Article 36.- The claim shall contain the following:

a) The names and addresses of both the claimant and
the defendant.

b) The object of the claim

c) The list of facts and legal grounds

d) The offering of evidence, if relevant.

For the purpose of the proceeding, the claim shall
also mention the claimant’s address in the Court’s site and the name of
the person authorized to receive the notifications.
Should the defendant have to perform judicial acts
through a representative or proxy, the latter must bear a legal document
duly authorizing him to do so.

Article 37.- The following must be attached to the
claim for nullification:

a) If the claimant is a Member Country, the Board’s
certification that the impugned Decision was not approved with the
affirmative vote of that country.

b) If the claimant is a company, an authentic copy
of its bylaws and the power granted to its attorney to that end, by a
qualified representative.

c) If the claimant is an individual or a company,
evidence that the impugned Decision or Resolution applies to them or
causes them harm.

d) A copy of the impugned Decision or Resolution.

Article 38.- The following must be attached to the
claim of noncompliance:

a) A certified copy of the Board’s reasoned opinion,
or

b) Proof that three months had transpired without
the Board passing opinion.

Article 39.- Among other things, the claim for
noncompliance can make reference to rules that are incompatible with the
legal system, the failure to issue rules to comply with the legal system
or any action or behavior that is inconsistent with the legal system,
despite the provisions adopted to comply with it.

Article 40.- The Secretary shall stamp the original
claim and the copies and certify the date they were submitted. One copy
shall be returned to the claimant.

Article 41.- Should the claim fail to meet one of
the requirements stipulated in Articles 36, 37 or 38 herein above, within
five days after receiving it the Court shall establish a reasonable period
for the claimant to rectify the claim or submit relevant documents. Should
that period expire without the claimant rectifying the claim or submitting
the documents, the Court shall return the claim.

Article 42.- Once admitted, the defendant shall be
notified of the claim.

(…)

Article 43.- Thirty days after the date of
notification of the claim, the defendant shall contest it.

The defendant’s plea must contain the following:

a) Name and address of the defendant

b) List of facts and legal grounds

c) The offering of evidence, if relevant.

d) Paragraphs two and three of Article 36 are
applicable to the defendant’s plea.

Article 44.- Should the defendant, once duly
notified of the claim, fail to contest it within the period envisaged in
the previous article, it shall be presumed that he has opposed the claim
in fact and by right. The Court shall certify this fact in the case file.

Article 45.- Within a period of eight days following
the defendant’s plea, the Court shall determine the need for evidence,
either at its own initiative or at the request of one of the parties.
Should the Court decide that evidence is not
required, the President shall establish the date and time of the hearing
and make arrangements to summon the parties.
If the Court decides that evidence is required, it
shall indicate the facts and the period in which proof must be provided.
The parties will be duly notified of the decision and given the
corresponding instructions.

Article 46.- Evidence may include:

a) The declaration of the parties

b) Reports and documents

c) Testimony

d) Experts’ reports

e) Visual inspection.

The Court shall determine how the parties shall
cover the costs arising from submitting evidence.
The Court shall appraise the evidence as a whole, in
accordance with critical reasonableness rules.

Article 47.- Once the period for submitting evidence
expires, the President shall establish the date and time of the hearing
and make arrangements to summon the parties.

(…)

Article 48.- Hearings shall be public, unless for
serious reasons the Court decides to hold them privately, either at its
own initiative or at the request of one of the parties.
The President shall open and conduct the debates.
Non-attendance by one or both parties shall not
invalidate the proceeding.

Article 49.- The Court shall try the cases submitted
in the same order as the hearing. Should several cases require a hearing
simultaneously, the order shall be established according to the date the
claim was submitted.
In consideration of special cases and by means of a
reasoned resolution, the Court may grant priority for the trial of a case.

Article 50.- The hearing shall begin with the
Secretary’s report on the case, which shall be limited to an objective
summary of same.

Article 51.- Under the authority and instructions of
the President, the claimant and the defendant, in order, may intervene and
answer have the right to a reply and counterreply.

Article 52.- Once the debate is over, the parties
may submit their conclusions in writing, either at the hearing itself or
within the next three days.

Article 53.- When as a result of the intervention of
the parties the Court considers it necessary to obtain proof or expand the
evidence, it may decide to suspend the hearing only once, establish a
reasonable term for the submission of evidence and determine the date and
time for re-opening the hearing.

Article 54.- The Secretary shall take minutes of
each hearing, which shall be signed by the President and the Secretary.

(…)

Article 55.- The Court shall pass judgement at a
plenary session within fifteen days after the closing of the hearing.

Article 56.- The judgement shall contain the
following:

a) The statement that it has been issued by the
Court

b) The date the judgement was passed

c) The names of the parties

d) The written proceeding of the facts

e) The summary of the conclusions of both parties

f) Paragraphs setting forth the legal grounds on
which the judgement was based

g) The verdict

If the judgement states the total or partial
invalidity of a Decision or Resolution, it must also state its effects
over time.
The judgement shall include the Court’s decision
regarding the payment or exoneration of the legal costs.
In the judgement of noncompliance, the Court shall
issue instructions regarding the steps that the respective Member Country
must take to execute it.

Article 57.- The judgement shall be read at a public
hearing once the parties have been summoned. This act shall be recorded.
The judgement, signed by the President, the other
magistrates and the Secretary, shall be sealed and deposited in the
Secretariat.

Article 58.- The judgement shall become effective on
the day after it was read at the hearing.

(…)

Article 59.- Either at its own initiative or at the
request of one of the parties submitted within a period of five days after
the reading, the Court may amend or expand the judgement.
The amendment shall proceed if the judgement
contained obvious written mistakes, miscalculations or evident
inaccuracies; also, if judgement was passed on a matter not brought up in
the claim. The expansion shall proceed if any of the conflictive points
were not resolved.
The request for amendment or expansion shall be
reported to the other party so that they can consider the suitability of
completing the formalities.
At a plenary session held within ten days after the
term referred to in first paragraph has expired, the Court shall adopt a
resolution concerning the amendment or expansion of the judgement, notify
the parties and attach the resolution to the judgement. In that case, the
judgement will be executed with the last notification to the parties.

Article 60.- Within a period of ten days after the
reading, one of the parties, a Member Country, the Commission or the Board
may request the clarification of certain points in the judgement that may
be considered ambiguous.
Both parties shall be notified of the request for
clarification so that they can consider the suitability of completing the
formalities.

(…)

Article 61.- The request for interpretation that
national judges or courts address to the Court in accordance with Article
29 of the Treaty, shall contain the following:

a) The name and level of jurisdiction of the
national judge or court

b) The list of rules in the Agreement’s legal system
that require interpretation

c) Identification of the cause giving rise to the
application and a signed report of the facts that the petitioner considers
relevant for interpretation purposes.

d) The address and the place in which the judge or
court shall receive the corresponding notification.

Article 62.- Once the request has been received, the
Secretary shall stamp it, record the submission date and remit it to the
President for consideration by the Court.

Article 63.- Within a period of thirty days after
receiving the application, the Court may pass judgement with the vote of
four magistrates, if the fifth magistrate is justifiably impeded to
participate in the final session convened to approve the judgement.

Article 64.- The Court’s judgement, signed by the
President, the other magistrates and the Secretary, shall be sealed and
deposited in the Secretariat.
The national judge or court shall be notified of the
judgement by means of a sealed and certified copy.

(…)

Article 65.- Only judgement of noncompliance suits
can be reviewed, in accordance with Article 26 of the Treaty. The claim
shall correspond to the parties in the previous proceeding.

Article 66.- The claim for a review must be
submitted within two months after the day the claimant was informed of the
fact on which it is based and, in any case, within a year from the date of
the judgment of noncompliance.

Article 67.- The claim for a review must contain the
following, in applicable, in addition to the provisions set forth in
Article 36:

a) A statement of the judgement impugned

b) A statement of the points on which the impugned
judgement is based

c) A list of the facts on which the claim is based

d) Justification of evidence proving the existence
of such facts and the moment they were discovered or known.

Article 68.- Once the claim for a review is
admitted, the procedure shall continue in accordance with these Bylaws and
the final judgement shall be passed at a plenary session.

Article 77.- At their own initiative or at the
request of the Court, at any stage of the procedure and before judgement
is passed, Member Countries, the Commission or the Board, whether or not
they are parties to the suit, may provide whatever information or legal
arguments are considered necessary for a better solution to the case.

Article 78.- The periods of the procedure
established herein above shall be calculated in calendar or continuous
days, excluding the starting date.
Should the period end on a non-working day, the
expiry of the term shall be postponed until the end of the next working
day.
Based on distance, the terms and the non-working
days referred to in the previous paragraph, shall be established by the
Court at a plenary session, by means of a resolution to be published in
the Official Gazette of the Agreement.

Article 79.- The Court, at a plenary session and by
means of a resolution to be published in the Official Gazette of the
Agreement, shall establish the system for the notifications envisaged in
Title Two of these Bylaws.

Protocol of Cochabamba

Article 13.-…. The Court will create its own
internal rules of procedure.

…

Article 29. Rulings made in noncompliance actions
may be reviewed by the Court itself at the request of the party, based on
some fact that could have had a decisive influence on the result of the
proceedings, provided that the fact was unknown at the time of the issuing
of the ruling by the party requesting the review. The request for review
must be submitted within ninety days of the day on which the fact was
discovered, and, in any case, within one year following the date of the
ruling.

CARICOM

Annex: Article 12 - Reference to Tribunal

6. An ad hoc tribunal shall decide its own procedure
and may, with the consent of the parties to the dispute, invite any party
to this Annex to submit its views orally or in writing.

Protocol Amending the Treaty

Article V
Replace Articles 8 and 9 of the Treaty,
respectively, with the following:

Article 7(a)
Functions and Powers of the Conference
….
Subject to the provisions of this Protocol, the
Conference shall regulate its own procedure and may decide to admit at its
deliberations as observers representatives of non-Member States of the
Community and other entities.

Article XIReplace Articles 17, 18 and 19 of the Treaty with
the following:

CHAPTER THREECommunity Decision-Making

Article 17Common Voting Procedures in Community Organs

…

7. Subject to the relevant provisions of this
Treaty, Community Organs and Subsidiary Bodies shall establish their rules
of procedure.

GROUP OF THREE

A. Arbitral Tribunals

19-12. Rules of Procedure
The Administrative Commission shall establish Rules
of Procedure to govern all arbitration boards created in accordance with
the present chapter. These rules shall include provisions on a Code of
Conduct for arbitrators. When drafting such rules, the Commission shall
take into consideration the following principles:

a) the procedures shall guarantee, as a minimum, the
right to a hearing before the arbitration board, as well as the chance to
make arguments and rebuttals or replies in writing; and

b) the hearings before the arbitration board, the
board's deliberations and preliminary decision,and all submissions and
exhibits shall be considered confidential.

…

Article 19-14: Preliminary Decision.

1. Unless otherwise agreed upon by the adversary
Parties, within 90 days of the date the final arbitrator is named, the
arbitration board shall inform the adversary Parties of its preliminary
decision, which shall contain:

a) findings of fact;

b) a decision on whether the measure in question is
incompatible with the obligations undertaken in the Treaty, or on whether
it causes nullification or impairment as explained in the Annex to Article
19-02; and

c) a draft order.

2. The adversary Parties shall have 14 days from the
date the preliminary decision is made known to submit written observations
on it to the arbitration board.

3. When such observations are submitted, the
arbitration board shall study them and then by its own decision or upon
the request of one of the adversary Parties, shall be able to:

a) institute any proceedings it deems appropriate;

b) request either adversary Party or any Party that
has made submissions in accordance with Article 19-13 to submit further
observations.

c) Reconsider its preliminary decision.

Article 19-15: Final Decision.

1. The arbitration board shall submit its final
decision to the Commission, and if necessary, any dissenting votes on
questions not decided upon unanimously, within 30 days of the announcement
of the preliminary decision.

2. Neither the preliminary nor the final decision
shall reveal the identity of the arbitrators that have voted with either
the majority or dissenting opinions.

3. The arbitration board’s final decision will be
made known 15 days after it has been communicated to the Commission.

B. Administrative Commission

Article 19-18: Interpretation by the Commission

…

2. The Party in whose territory the court or
administrative body is located shall deliver the interpretation the
Commission has agreed upon, in accordance with the procedures of the
institution in question.

3. When the Commission cannot reach agreement on an
interpretation, a Party may submit its own interpretation to the court or
administrative body, in accordance with the procedures of the institution
in question.

…

Article 20-01: The Administration Commission

4. The Commission shall establish its own rules and
procedures, and all decisions shall be made unanimously.

5. The Commission shall hold at least one regular
session per year. The Parties shall rotate in the chairmanship.

MERCOSUR

Protocol of Brasilia

Article 7.
1. When a controversy cannot be resolved through the
application of the procedures referred to in Chapters II and III, any of
the State Parties to the controversy can communicate to the Administrative
Secretariat its intention to resort to the arbitral procedure which is
established in the present Protocol.

2. The Administrative Secretariat will immediately
notify the other State Party or Parties involved in the controversy and
the Common Market Group of this communication and will be entrusted with
the means required for the development of the procedures.

Article 9
1. The arbitral procedure will be tried before an ad
hoc Tribunal composed of three (3) arbitrators contained in a list which
is referred to in Article 10.

Article 15
In each case, the Arbitral Tribunal shall establish
its seat in one of the State Parties and will adopt its own rules of
procedure. These rules should guarantee that each party to the controversy
shall have the fullest opportunity to be heard and to present its proof
and arguments and it shall also be guaranteed that the proceedings occur
in an expeditious manner.

Article 16
The State Parties to a controversy shall inform the
Arbitral Tribunal of any requests that have been satisfied prior to the
arbitral proceeding and will make a brief presentation of the principles
of fact or law as per their respective positions.

Article 17
The State Parties to the controversy will choose who
will represent them before the Arbitral Tribunal and they can designate
advisors to defend their rights.

Article 18
1. The Arbitral Tribunal can, at the request of an
interested party and to the extent that there exist well-founded
presumptions that a continuation of the current situation will cause
severe and irreparable damage to one of the State Parties, issue
provisional measures which it considers appropriate, according to the
circumstances and pursuant to the conditions that the Tribunal itself
establishes, in order to prevent such damages.

2. The parties to the controversy shall immediately
or within the time limit determined by the Arbitral Tribunal, comply with
whatever provisional measure, until such time as the decision that is
referred to in Article 20 is issued.

Article 20
1. The Arbitral Tribunal shall issue its decision in
writing within sixty (60) days, extendible for an additional time limit of
thirty (30) days, from the time its President is designated.

2. The decision of the Arbitral Tribunal shall be
adopted by majority vote, and it should be supported and signed by the
President and the other arbitrators. The members of the Arbitral Tribunal
will not be allowed to explain their dissenting votes and they must
maintain the confidentiality of the vote.

Protocol of Ouro Preto

Article 43.
Sole paragraph. The Directives of the Mercosul Trade
Commission are also incorporated in Articles 19 and 25 of the Brasilia
Protocol.

Rules of the Protocol of Brasilia

Article 18 All of the notifications that the
Arbitral Tribunal makes to the State Parties to the dispute shall be
addressed to the representatives designated in conformity with article 17
of the Protocol of Brasilia. Until the State Parties to the dispute
designate their representatives before the Arbitral Tribunal, the
notifications to the Tribunal shall be addressed to the respective
National Coordinators of the Common Market Group.

Article 19. The Administrative Secretariat shall
provide, to the extent possible, the necessary administrative support for
the development of the arbitral procedure.

Article 20: An Arbitral Tribunal shall adopt rules
of procedure at its initial meeting, or previous to it by communication
among members. In either case, said rules of procedure shall be passed on
to the parties by the Administrative Secretariat.

Article 21: If the Arbitral Tribunal decides to
use the thirty (30) day extension provided for by Article 20.1 of the
Protocol of Brasilia, it shall so notify the parties.

Article 22: The Arbitral Tribunal's decision shall
be issued in written form and must contain the following elements, in
addition to any others that the Arbitration Board may deem appropriate:

The names of the States Parties involved in the
dispute.
The name and nationality of each of the members of
the Arbitration Board and the date that the Board was constituted.
The names of the representatives of the parties.
The matter under dispute.
A report on the arbitration proceedings, including a
summary of the sessions and of the allegations of each of the States
Parties involved.
The decision reached regarding the dispute, with
findings of fact and law.
The proportion of the costs that each State Party
must cover.
Date and place the decision is being handed down.
Signature of each member of the Arbitration Board.

Article 23: Decisions shall be published in the
Official Bulletin of MERCOSUR, in accordance with the provisions of
Article 39 of the Ouro Preto Protocol.

Article 28 The subject matter of the disputes
between States and the complaints initiated at the request of private
parties shall remain as determined by the written presentations and
responses, unable to be broadened later.

Article 39 The time periods established in the
Protocol of Brasilia and in these rules shall be calculated as consecutive
days.

Article 40 All communications referred to in the
Protocol of Brasilia and in these rules shall be made in the best possible
way and shall require confirmation of receipt.

Article 41 All documents and proceedings connected
to the procedures established in the Protocol of Brasilia and in these
rules, as well as all sessions of the Arbitral Tribunal, shall be
considered priveged information, with the exceptions of the decision of
the Arbitral Tribunal.

Article 42 At any stage of the proceedings, the
party that initiated the dispute or presented the complaint may desist.
Also, the parties involved may reach an agreement at any time. In both
these cases, the dispute or complaint shall be considered closed. As
appropriate, iether the Common Market Group or the Arbitral Tribunal must
be informed of the decision to desist or of an agreement between the
parties so that all pertinent measures can be taken.

NAFTA

Article 2012: Rules of Procedure

1. The Commission shall establish by January 1, 1994
Model Rules of Procedure, in accordance with the following principles:

(a) the procedures shall assure a right to at least
one hearing before the panel as well as the opportunity to provide initial
and rebuttal written submissions; and

(b) the panel's hearings, deliberations and initial
report, and all written submissions to and communications with the panel
shall be confidential.

2. Unless the disputing Parties otherwise agree, the
panel shall conduct its proceedings in accordance with the Model Rules of
Procedure.

3. Unless the disputing Parties otherwise agree
within 20 days from the date of the delivery of the request for the
establishment of the panel, the terms of reference shall be:

"To examine, in the light of the relevant provisions
of the Agreement, the matter referred to the Commission (as set out in the
request for a Commission meeting) and to make findings, determinations and
recommendations as provided in Article 2016(2)."

4. If a complaining Party wishes to argue that a
matter has nullified or impaired benefits, the terms of reference shall so
indicate.

5. If a disputing Party wishes the panel to make
findings as to the degree of adverse trade effects on any Party of any
measure found not to conform with the obligations of the Agreement or to
have caused nullification or impairment in the sense of Annex 2004, the
terms of reference shall so indicate.

Article 2015: Scientific Review Boards

3. The participating Parties shall be provided:

(a) advance notice of, and an opportunity to provide
comments to the panel on, the proposed factual issues to be referred to
the board; and

(b) a copy of the board's report and an opportunity
to provide comments on the report to the panel.

4. The panel shall take the board's report and any
comments by the Parties on the report into account in the preparation of its
report.

Article 2016: Initial Report

1. Unless the disputing Parties otherwise agree, the
panel shall base its report on the submissions and arguments of the Parties and on any
information before it pursuant to Article 2014 or 2015.

2. Unless the disputing Parties otherwise agree, the
panel shall, within 90 days after the last panelist is selected or such other period
as the Model Rules of Procedure established pursuant to Article 2012(1) may provide,
present to the disputing Parties an initial report containing:

(a) findings of fact, including any findings
pursuant to a request under Article 2012(5);

(b) its determination as to whether the measure at
issue is or would be inconsistent with the obligations of this Agreement
or cause nullification or impairment in the sense of Annex 2004, or any
other determination requested in the terms of reference; and

4. A disputing Party may submit written comments to
the panel on its initial report within 14 days of presentation of the report.

5. In such an event, and after considering such
written comments, the panel, on its own initiative or on the request of any disputing
Party, may:

(a) request the views of any participating Party;

(b) reconsider its report; and

(c) make any further examination that it considers
appropriate.

Article 2017: Final Report

1. The panel shall present to the disputing Parties
a final report, including any separate opinions on matters not unanimously
agreed, within 30 days of presentation of the initial report, unless the
disputing Parties otherwise agree.

2. No panel may, either in its initial report or its
final report, disclose which panelists are associated with majority or
minority opinions.

3. The disputing Parties shall transmit to the
Commission the final report of the panel, including any report of a
scientific review board established under Article 2015, as well as any
written views that a disputing Party desires to be appended, on a
confidential basis within a reasonable period of time after it is
presented to them.

4. Unless the Commission decides otherwise, the
final report of the panel shall be published 15 days after it is transmitted to the
Commission.

Model Rules of Procedure for Ch. 20

1. These rules are established under Article 2012(1)
and shall apply to dispute settlement proceedings under Chapter Twenty
unless the disputing Parties otherwise agree.
….
6. A participating Party shall deliver the original
and nine copies of each of its written submissions to its section of the
Secretariat and shall make a copy of each of its written submissions
available to the Embassy of each other participating Party at the time it
delivers the written submission to its section.

7. A complaining Party shall deliver the original
and nine copies of its initial written submission to its section of the
Secretariat no later than 10 days after the date on which the last
panelist is selected. The Party complained against shall deliver the
original and nine copies of its written counter-submission to its section
of the Secretariat no later than 20 days after the date of delivery of the
initial written submission. A third Party shall deliver the original and
nine copies of its initial written submission to its section of the
Secretariat no later than the date on which the counter-submission is due.

8. A section of the Secretariat that receives a
written submission shall forward it by the most expeditious means
practicable to the responsible section of the Secretariat which, in turn,
shall provide for delivery of that submission by the most expeditious
means practicable to the other sections of the Secretariat, the other
participating Parties and the panel.

9. In the case of any request, notice or other
document related to the panel proceeding that is not covered by rule 6, 7
or 8, the participating Party shall deliver the original and nine copies
of the document to its section of the Secretariat and, on the same day, it
shall deliver a copy to the other participating Parties by facsimile or
other means of electronic transmission.

10. Minor errors of a clerical nature in any
request, notice, written submission or other document related to the panel
proceeding may be corrected by delivery of a new document clearly
indicating the changes.

11. A participating Party that delivers any request,
notice, written submission or other document to its section of the
Secretariat shall, to the extent practicable, deliver a copy of the
document in electronic form to that section.

12. Any delivery to a section of the Secretariat
under these rules shall be made during the normal business hours of that
section.

13. If the last day for delivery of a document to a
section of the Secretariat falls on a legal holiday observed by that
section or on any other day on which the offices of that section are
closed by order of the government or by force majeure, the document may be
delivered to that section on the next business day.

14. The chair of the panel shall preside at all of
its meetings. A panel may delegate to the chair authority to make
administrative and procedural decisions.

15. Except as otherwise provided in these rules, the
panel may conduct its business by any means, including by telephone,
facsimile transmission or computer links.

16. Only panelists may take part in the
deliberations of the panel but the panel may permit assistants,
Secretariat personnel, interpreters or translators to be present during
such deliberations.

17. Where a procedural question arises that is not
covered by these rules, a panel may adopt an appropriate procedure that is
not inconsistent with the Agreement.

18. If a panelist dies, withdraws or is removed, a
replacement shall be selected as expeditiously as possible in accordance
with the selection procedure followed to select the panelist.

19. Any time period applicable to the panel
proceeding shall be suspended for a period beginning on the date the
panelist dies, withdraws or is removed and ending on the date the
replacement is selected.

20. A panel may, in consultation with the disputing
Parties, modify any time period applicable in the panel proceeding and
make such other procedural or administrative adjustments as may be
required in the proceeding, such as where a panelist is replaced or where
the Parties are required to reply in writing to the questions of a panel.

21. The chair shall fix the date and time of the
hearing in consultation with the participating Parties, the other members
of the panel and the responsible section of the Secretariat. The
responsible section of the Secretariat shall notify in writing the
participating Parties of the date, time and location of the hearing.

22. The hearing shall be held in the capital of the
Party complained against.

23. The panel may convene additional hearings if the
disputing Parties so agree.

24. All panelists shall be present at hearings.

25. The following persons may attend a hearing:

(a) representatives of a participating Party;

(b) advisers to a participating Party provided that
they do not address the panel and provided further that neither they nor
their employers, partners, business associates or family members have a
financial or personal interest in the proceeding;

26. No later than five days before the date of a
hearing, each participating Party shall deliver to the other participating
Parties and the responsible section of the Secretariat a list of the names
of those persons who will make oral arguments or presentations at the
hearing on behalf of that Party and of other representatives or advisers
who will be attending the hearing.

27. The hearing shall be conducted by the panel in
the following manner, ensuring that the complaining Party or Parties and
the Party complained against are afforded equal time:

Argument -

(i) Argument of the complaining Party or Parties.

(ii) Argument of the Party complained against.

(iii) Presentation of a third Party.

Rebuttal Argument -

(iv) Reply of the complaining Party or Parties.

(v) Counter-reply of the Party complained against.

28. The panel may direct questions to any
participating Party at any time during a hearing.

29. The responsible section of the Secretariat shall
arrange for a transcript of each hearing to be prepared and shall, as soon
as possible after it is prepared, deliver a copy of the transcript to the
participating Parties, the other sections of the Secretariat and the
panel.

30. The panel may at any time during a proceeding
address questions in writing to one or more of the participating Parties.
The panel shall deliver the written questions to the Party or Parties to
whom the questions are addressed through the responsible section of the
Secretariat which, in turn, shall provide for the delivery of copies of
the questions by the most expeditious means practicable to the other
sections of the Secretariat and any other participating Party.

31. A participating Party to whom the panel
addresses written questions shall deliver a copy of any written reply to
its section of the Secretariat which, in turn, shall forward it by the
most expeditious means practicable to the responsible section of the
Secretariat. The responsible section of the Secretariat shall provide for
the delivery of copies of the reply by the most expeditious means
practicable to the other sections of the Secretariat and any other
participating Party. Each other participating Party shall be given the
opportunity to provide written comments on the reply within five days
after the date of delivery.

32. Within 10 days after the date of the hearing,
each participating Party may deliver to its section of the Secretariat a
supplementary written submission responding to any matter that arose
during the hearing.

33. A Party asserting that a measure of another
Party is inconsistent with the provisions of the Agreement shall have the
burden of establishing such inconsistency.

34. A Party asserting that a measure is subject to
an exception under the Agreement shall have the burden of establishing
that the exception applies.

35. The Parties shall maintain the confidentiality
of the panel's hearings, deliberations and initial report, and all written
submissions to and communications with the panel, in accordance with such
procedures as may be agreed from time to time between representatives of
the Parties.8

36. The panel shall not meet or contact one
participating Party in the absence of the other participating Parties.

37. No panelist may discuss any aspect of the
subject matter of the proceeding with a participating Party or Parties in
the absence of the other panelists.

38. No panel may decide to request a written report
of a scientific review board any later than 15 days after the date of the
hearing, whether on its own initiative or at the request of a disputing
Party.

39. Within five days after the date on which the
panel decides to request a written report of a scientific review board,
the panel shall request that the scientific bodies designated by each
Party from time to time and set out in Appendix I provide, within 15 days
after the date of the delivery of the request, a list of the names of
possible members of the scientific review board, in such numbers as the
panel requests and having expertise in the scientific matters that the
panel identifies.

40. The panel shall deliver the request for the list
of names of possible members of the scientific review board to the
responsible section of the Secretariat which, in turn, shall provide for
the delivery of copies of the request by the most expeditious means
practicable to the other sections of the Secretariat and the participating
Parties.

41. Within 25 days after its decision to request a
written report of a scientific review board and after consulting the
disputing Parties, the panel shall select up to three members to
constitute the scientific review board. The panel shall make its selection
from the lists provided by the scientific bodies wherever possible.

42. The panel shall not select as a member of a
scientific review board an individual who has, or whose employers,
partners, business associates or family members have, a financial or
personal interest in the proceeding.

43. A participating Party may, before the date on
which the last member of the scientific review board is selected, submit
written comments to the panel on the factual issues to be referred to the
board.

44. Within five days after the date on which the
last member of the scientific review board is selected, the panel shall
finalize the factual issues to be referred to the board, and may consult
with members of the board in this regard.

45. The panel shall deliver a copy of its referral
to the responsible section of the Secretariat which, in turn, shall
provide for the delivery of copies of the referral by the most expeditious
means practicable to the other sections of the Secretariat, the
participating Parties and the board.

46. A scientific review board shall deliver its
report to the responsible section of the Secretariat within 30 days after
the date on which the factual issues are referred to the board.

47. The responsible section of the Secretariat shall
deliver the board's report to the participating Parties and their
respective sections of the Secretariat. Any participating Party may
provide comments on the report to its section of the Secretariat within 14
days after the date of delivery of the report. The appropriate section of
the Secretariat shall promptly deliver any such comments to the
responsible section of the Secretariat which, in turn, shall no later than
the next business day deliver such comments to the other participating
Parties and their respective sections of the Secretariat, and shall
deliver the report and all such comments to the panel.

48. Where a request is made for a written report of
a scientific review board, any time period applicable to the panel
proceeding shall be suspended for a period beginning on the date of
delivery of the request and ending on the date the report is delivered to
the panel.

49. A participating Party shall, within a reasonable
period of time before it delivers its initial written submission in a
panel proceeding, advise its section of the Secretariat in writing of the
language in which its written submissions will be made and in which it
wishes to receive the written submissions of the other participating
Parties. A section of the Secretariat that is so advised shall promptly
notify the responsible section of the Secretariat which, in turn, shall
promptly notify the other sections of the Secretariat, the other
participating Parties and the panel.

50. A participating Party shall, within a reasonable
period of time before the date of a hearing, advise its section of the
Secretariat in writing of the language in which it will make oral
arguments or presentations at the hearing and in which it wishes to hear
oral arguments and presentations. A section of the Secretariat that is so
advised shall promptly notify the responsible section of the Secretariat
which, in turn, shall promptly notify the other sections of the
Secretariat, the other participating Parties and the panel.

51. In lieu of the procedure set out in rule 49 or
50, a Party may advise its section of the Secretariat of:

(a) the language in which it will make, and in which
it wishes to receive, written submissions in all panel proceedings; or

(b) the language in which it will make, and in which
it wishes to hear, oral arguments and presentations at hearings in all
panel proceedings.

A section of the Secretariat that is so advised
shall promptly notify the other sections of the Secretariat and the other
Parties.

52. Where in accordance with the advice provided by
each Party under rules 49 through 51, written submissions or oral
arguments and presentations in a panel proceeding will be made in more
than one language, or if a panelist requests, the responsible section of
the Secretariat shall arrange for the translation of the written
submissions and the panel reports or for the interpretation of arguments
at any hearing, as the case may be.

53. Where the responsible section of the Secretariat
is required to arrange for the translation of a written submission or
report in one or more languages, it shall not provide for the delivery of
that written submission as required by rule 8 or for the delivery of that
report until all translated versions of that written submission or report
have been prepared.

54. Any time period applicable to a panel proceeding
shall be suspended for the period necessary to complete the translation of
any written submissions.

55. The costs incurred to prepare a translation of a
written submission shall be borne by the Party making the submission. The
costs incurred to prepare a translation of a final report shall be borne
equally by each section of the Secretariat. The costs of all other
translation and interpretation requirements in a panel proceeding shall be
borne equally by the participating Parties in that proceeding.

56. Any Party may provide comments on a translated
version of a document that is prepared in accordance with these rules.

57. Where anything under the Agreement or these
rules is to be done, or the panel requires anything to be done, within a
number of days after, before or of a specified date or event, the
specified date or the date on which the specified event occurs shall not
be included in calculating that number of days.

58. Where, by reason of the operation of rule 13, a
participating Party

(a) receives a document on a date other than the
date on which the same document is received by any other participating
Party, or

(b) receives a document from a second participating
Party on a date that is either before or after the date on which it
receives the corresponding document from a third participating Party, any
period of time the calculation of which is dependent on such receipt shall
be calculated from the date of receipt of the last such document.

59. These rules shall apply to a panel established
under Article 2019(3) except that:

(a) the Party that requests the establishment of the
panel shall deliver its initial written submission to its section of the
Secretariat within 10 days after the date on which the last panelist is
selected;

(b) the responding Party shall deliver its written
counter-submission to its section of the Secretariat within 15 days after
the date of delivery of the initial written submission;

(c) the panel shall fix the time limit for
delivering any further written submissions, including rebuttal written
submissions, so as to provide each disputing Party with the opportunity to
make an equal number of written submissions subject to the time limits for
panel proceedings set out in the Agreement and these Rules; and

(d) unless the disputing Parties disagree, the panel
may decide not to convene a hearing.

60. These rules shall apply to a panel convened
under Article 1415(3) except that the terms of reference shall be as set
out in Article 1415(2).

61. The responsible section of the Secretariat
shall:

(a) provide administrative assistance to the panel
and any scientific review board;

(b) compensate, and provide administrative
assistance to, experts, panelists and their assistants, members of
scientific review boards, interpreters, translators, court reporters or
other individuals that it retains in a panel proceeding;

(c) make available to the panelists, on confirmation
of their appointment, copies of the Agreement and other documents relevant
to the proceedings, such as the Uniform Regulations and these Rules; and

(d) retain indefinitely a copy of the complete
record of the panel proceeding.

62. The Parties shall inform each section of the
Secretariat of the composition of the roster established under Article
1414(3) and the roster established under Article 2009(1). The Parties
shall promptly inform each section of the Secretariat of any changes made
to the roster.

CENTRAL AMERICA - DOMINICAN REPUBLIC

Article 16.05: Perishable Goods

In any dispute involving perishable goods, the
Parties, the Council and the arbitral tribunal shall accelerate to the
greatest extent possible the time periods established in this chapter.

Article 16.12: Rules of Procedure

1. The Commission shall establish Model Rules of
Procedure based on the following principles:

a. The procedures shall guarantee the right to a
hearing before the arbitral tribunal, as well as an opportunity to present
arguments and reply in writing; and

b. The hearings before an arbitral tribunal, the
deliberations and preliminary findings, as well as all writings and
communications submitted to the panel shall be confidential.

2. Unless otherwise agreed between and among the
disputing Parties, the proceeding brought before the arbitration panel
shall abide by the Model Rules of Procedure.

Article 16.14: Preliminary Finding

1. The arbitral tribunal shall issue a preliminary
finding based on the representations and communications submitted by the
contending Parties as well as any other information it may have gathered
pursuant to Article 16.13 above.

2. Unless otherwise agreed upon by the contending
Parties, the arbitral tribunal shall, within ninety (90) days from the
designation of the last panel member, issue a preliminary finding
including:

a. the factual conclusions, including any finding
resulting from a request made pursuant to Article 16.12(5);

b. a finding as to whether the measure in question
is or may be inconsistent with the obligations hereunder, or whether it
may be the cause for nullification or impairment as provided for in
Article 16.03(2)(b), or any other finding requested in the Mandate.

c. The draft resolution.

3. Panelists may reason their vote in writing on any
decision that was not adopted unanimously.

4. The contending Parties may submit their comments
on the preliminary finding in writing to the panel within thirty (30) days
after the disclosure of same.

5. After examining the written comments, if any, the
arbitration panel may, ex-officio or at a disputing Party’s request:

a. take any such procedural step as deemed relevant;
and

b. reconsider the preliminary finding.

Article 16.15: Final Resolution

1. The arbitral tribunal shall simultaneously advise
the Council and the disputing Parties of its final resolution, to be
adopted by a majority vote, and, where appropriate, the reasoned vote in
writing on issues where no unanimous decision was adopted. An advice note
shall be issued within forty-five (45) days upon disclosure of the
preliminary finding.

2. Neither the preliminary finding nor the final
resolution shall disclose the identity of majority of minority panelists.

3. The final resolution shall be published within
fifteen (15) days following notification to the Council and the disputing
Parties.

MERCOSUR - BOLIVIA

Article 39. The administration and evaluation of
this Agreement shall be conducted by an Administration Commission … .

…

The Administration Commission shall adopt its
decision through agreement of the Contracting Parties.

Annex 11

…

Article 10

The Expert Group shall examine the dispute in light
of the provisions of this Agreement, the complementary protocols and
instruments signed within its framework, and any information provided by
the contending Parties. The Expert Group shall provide the Parties with an
opportunity to state their cases.

Article 11

The Expert Group shall establish its Rules of
Procedure, for each case, within five (5) days following the establishment
thereof, which rules shall accord the Parties the right to a hearing and
shall ensure that the procedure is promptly completed.

Article 12

The Expert Group shall have thirty (30) calendar
days from its inception to issue its findings, which shall be submitted to
the Commission for consideration.

MERCOSUR-CHILE

Article 46: …The Administration Commission … shall
define its Rules of Procedure at its first meeting.

…

The Commission shall adopt all decisions by
consensus among the Parties.

Annex 14

Article 10

The Expert Group shall examine the dispute in light
of the provisions of this Agreement, the complementary protocols and
instruments signed within its framework, and any information provided by
the contending Parties. The Expert Group shall provide the Parties with an
opportunity to state their cases.

Article 11

The Expert Group shall establish its Rules of
Procedure within five (5) days following the establishment thereof, which
rules shall accord the Parties the right to a hearing and shall ensure
that the procedure is promptly completed.

Article 12

The Expert Group shall have thirty (30) calendar
days from its inception to issue its findings, which shall be submitted to
the Commission for consideration.

ARGENTINA-CHILE

Second Additional Protocol

Article 15

In each case, the Arbitral Tribunal shall be based
in one of the signatory countries or at ALADI headquarters and shall adopt
its own rules of procedure within five days of its establishment. These
rules shall ensure that each party to the dispute has every opportunity to
be heard and to present its arguments and shall also ensure that the
proceedings are executed expeditiously.

Article 16

The countries party to the dispute shall inform the
Arbitral Tribunal of any action taken prior to the arbitration proceedings
and shall give a brief presentation on the merits in law and in fact of
their respective positions.

Article 17

The countries party to the dispute may be
represented before the Arbitral Tribunal by proxies. They may also appoint
advisors to defend their rights.

…

Article 20

1. The Arbitral Tribunal shall issue its decision in
writing within no more than 30 days from the date of appointment of the
third arbitrator, subject to extension for an equal length of time.

2. The Arbitral Tribunal's decision shall be adopted
by majority vote, shall be reasoned, and endorsed by the President and
other arbitrators. The members of the Tribunal may not reveal the basis of
dissenting or separate votes and shall maintain the confidentiality of the
voting.

ARGENTINA-VENEZUELA

Article 19. … THE COUNCIL shall define its own rules
of procedure.

BOLIVIA - CHILE

Article 29

The Arbitration Commission shall act in accordance
with the Rules of Arbitration Procedure to be adopted by the
Administrative Commission of the Agreement within no more than 90 days
from the date of its establishment.
It shall hand down its judgment by resolution, which
shall be adopted within no more than 60 days of the Commission’s
formation.

BOLIVIA - MEXICO

Article 19-10: Model Rules of Procedure

1. The Commission shall establish Model Rules of
Procedure based on the following principles:

a. The procedures shall guarantee the right to a
hearing before an arbitral tribunal, as well as an opportunity to present
arguments and reply in writing; and

b. The hearings before an arbitral tribunal, the
deliberations and preliminary findings, as well as all writings and
communications submitted to the panel shall remain confidential.

2. Unless otherwise agreed between the Parties, the
proceeding brought before an arbitral tribunal shall abide by the Model
Rules of Procedure.

Article 19-11: Role of Experts

At the request of a Party or ex-officio, the
arbitral tribunal may gather information and seek technical assistance
from such individuals or bodies as deemed relevant to the case.

Article 19-12: Preliminary Finding

1. The arbitral tribunal shall issue a preliminary
finding based on the representations and communications submitted by the
Parties as well as on any other information it may have gathered pursuant
to Article 19-11 above.

2. Unless otherwise agreed upon by the Parties, the
arbitral tribunal shall, within ninety (90) days from the designation of
the last panelist, issue a preliminary finding including:

a. the factual conclusions, including any finding
resulting from a request made pursuant to Article 19-10(5);

b. a finding as to whether the measure in question
is or may be inconsistent with the obligations hereunder, or whether it
may be the cause for nullification or impairment as provided for in the
Annex to Article 19-02; and

4. The Parties may submit their comments on the
preliminary finding in writing to the arbitration panel within fourteen
(14) days after the disclosure of same.

5. After examining the written comments, if any, the
arbitration panel may, ex-officio or at the request of either Party:

a. take any such procedural steps as deemed
relevant; and

b. reconsider the preliminary finding.

Article 19-13: Final Resolution

1. The arbitration panel shall submit to the
Commission its final resolution and, where appropriate, any separate
opinion on matters not unanimously agreed within thirty (30) days upon
disclosure of the preliminary finding.

2. Neither the preliminary finding nor the final
resolution shall disclose the identity of majority or minority panelists.

3. The arbitral tribunal’s final resolution shall be
published within fifteen (15) days following notification to the
Commission.

BRAZIL - PERU

Annex IV

d) The arbitration procedure will be established by
the Administrative Committee.

….

f) The arbitrators will have a period of sixty days,
extendable by another thirty days, counting from the date of their
appointment, to hand down their decision

CANADA - CHILE

Article N-01: The Free Trade Commission

….

4. The Commission shall establish its rules and
procedures. All decisions of the Commission shall be taken by mutual
agreement.

5. The Commission shall convene at least once a year
in regular session. Regular sessions of the Commission shall be chaired
alternately by each Party.

Article N-07: Commission - Good Offices,
Conciliation and Mediation

….

6. Unless it decides otherwise, the Commission shall
consolidate two or more proceedings before it pursuant to this Article
regarding the same measure. The Commission may consolidate two or more
proceedings regarding other matters before it pursuant to this Article
that it determines are appropriate to be considered jointly.

Article N-12: Rules of Procedure

1. The Commission shall establish, by the date of
entry into force of this Agreement, Model Rules of Procedure, in
accordance with the following principles:

(a) the procedures shall assure a right to at least
one hearing before the panel as well as the opportunity to provide initial
and rebuttal written submissions; and

(b) the panel's hearings, deliberations and initial
report, and all written submissions to and communications with the panel
shall be confidential.

2. The Commission may amend from time to time the
Model Rules of Procedure referred to in paragraph 1.

3. Unless the Parties otherwise agree, the panel
shall conduct its proceedings in accordance with the Model Rules of
Procedure.

Article N-13: Role of Experts

On request of a Party, or on its own initiative, the
panel may seek information and technical advice from any person or body
that it deems appropriate, provided that the Parties so agree and subject
to such terms and conditions as the Parties may agree.

Article N-14: Scientific Review Boards

…

3. The Parties shall be provided:

(a) advance notice of, and an opportunity to provide
comments to the panel on, the proposed factual issues to be referred to
the board; and

(b) a copy of the board's report and an opportunity
to provide comments on the report to the panel.

4. The panel shall take the board's report and any
comments by the Parties on the report into account in the preparation of
its report.

Article N-15: Initial Report

1. Unless the Parties otherwise agree, the panel
shall base its report on the submissions and arguments of the Parties and
on any information before it pursuant to Article N-13 or N-14.

2. Unless the Parties otherwise agree, the panel
shall, within 90 days after the last panelist is selected or such other
period as the Model Rules of Procedure established pursuant to Article
N-12(1) may provide, present to the Parties an initial report containing:

(a) findings of fact, including any findings
pursuant to a request under Article N-12(6);

(b) its determination as to whether the measure at
issue is or would be inconsistent with the obligations of this Agreement
or cause nullification or impairment in the sense of Annex N-04, or any
other determination requested in the terms of reference; and

4. A Party may submit written comments to the panel
on its initial report within 14 days of presentation of the report.

5. In such an event, and after considering such
written comments, the panel, on its own initiative or on the request of a
Party, may:

(a) request the views of a Party;

(b) reconsider its report; and

(c) make any further examination that it considers
appropriate.

Article N-16: Final Report

1. The panel shall present to the Parties a final
report, including any separate opinions on matters not unanimously agreed,
within 30 days of presentation of the initial report, unless the Parties
otherwise agree.

2. No panel may, either in its initial report or its
final report, disclose which panelists are associated with majority or
minority opinions.

3. The Parties shall transmit to the Commission the
final report of the panel, including any report of a scientific review
board established under Article N-14, as well as any written views that a
Party desires to be appended, on a confidential basis within a reasonable
period of time after it is presented to them.

4. Unless the Commission decides otherwise, the
final report of the panel shall be published 15 days after it is
transmitted to the Commission.

CHILE - COLOMBIA

Article 32. …
(d) The arbitration procedure shall be subject to
the Regulations issued by the Administrative Commission to that effect.

CHILE - ECUADOR

Article 32. …
(d) The arbitration procedure shall be subject to
the Regulations issued by the Administrative Commission to that effect.

CHILE - MEXICO

Article 33
(d) The arbitration procedure shall be subject to
the regulations issued by the Administrative Committee for this purpose.

Free Trade Agreement

Article 17-01: Free Trade Commission
…
4. The Commission shall establish its rules and
procedures and take all of its decisions by mutual agreement.
…
Article 18-10: Model rules of procedure

1. The Commission shall establish, by October 1,
1998, at the latest, Model Rules of Procedure, in accordance with the
following principles:

(a) the procedures shall assure a right to at least
one hearing before the panel as well as the opportunity to provide initial
and rebuttal written submissions; and

(b) the panel's hearings, deliberations and initial
report, and all written submissions to and communications with the panel
shall be confidential.

2. Unless otherwise agreed by the Parties, the
procedure with the arbitration group will be governed by the model rules
of procedure.

3. The Commission may amend, if considered
necessary, the model rules of procedure referred to in paragraph 1.

Article 18-11: Functions of the experts

At the request of either Party or officially, the
arbitration group may procure information and technical assistance from
such persons or groups of persons that are deemed appropriate.

Article 18-12: Scientific review committees

1. At the request of either Party or, unless
disapproved by both Parties, the arbitration group may on its own
initiative, request a written report from the scientific review committee
on any points of fact relating to environmental matters, health, security,
or any other scientific matter raised by either Party in the proceedings,
in accordance with such terms and conditions as are agreed on by the
Parties.

2. The members of the committee will be selected by
the arbitration group from amongst highly qualified independent scientific
experts after consulting with the Parties and in accordance with the model
rules of procedure.

3. The Parties shall receive:

a. timely prior notification from the arbitration
group to formulate observations on points of fact that are to be submitted
to the committee for review; and

b. a copy of the committee's report and an
opportunity to formulate observations on the report forwarded to the
arbitration group.

4. The arbitration group shall take into
consideration the committee's report and the observations of the Parties
in preparing its own report.

Article 18-13: Preliminary report

1. The arbitration group shall base its preliminary
report on the arguments and communications presented by the Parties and on
any information that has been received in accordance with articles 18-11
and 18-12 unless otherwise agreed by the Parties.

2. Unless otherwise agreed by the Parties, within 90
days after the appointment of the final arbitrator, the arbitration group
shall present to the Parties a preliminary report containing:

a. the conclusions of fact, including any other
conclusions derived from a request in accordance with article 18-10(6);

b. the determination as to whether the measure in
question is or may be incompatible with the obligations of this Treaty, or
is grounds for cancellation or loss pursuant to annex 18-02, or any other
determination requested in the mandate; and

c. its recommendations, if any, on the settlement of
the dispute.

3. The arbitrators may express particular opinions
on issues on which there is not a unanimous decision.

4. The Parties may make observations in writing to
the arbitration group on the preliminary report within 14 days after its
presentation.

5. In this case, after reviewing the written
observations, the arbitration group may officially or at the request of
either Party:

a. take such steps as may be considered appropriate;
and

b. reconsider the preliminary report.

Article 18-14: Final report

1. The arbitration group shall submit to the
Commission a final report and, if necessary, its particular opinions on
the issues on which there has not been a unanimous decision, within 30
days after the presentation of the preliminary report unless otherwise
agreed by the Parties.

2. The Parties shall forward to the Commission any
written consideration that they consider relevant to the final report.

3. 2. No panel may, either in its initial report or
its final report, disclose which panelists are associated with majority or
minority opinions.

4. The arbitration group's final report shall be
published within 15 days after its communication to the Commission unless
otherwise decided.

CHILE - PERU

Annex 8

Article 12

The Arbitration Tribunal shall, within five days of
its establishment, adopt its own rules of procedure, which shall guarantee
the signatory countries the opportunity to be heard and shall ensure that
the proceedings are executed expeditiously, taking special account of the
perishable nature of the merchandise subject to the dispute.

Article 13

The signatory countries shall inform the Arbitration
Tribunal of any action taken prior to the arbitration proceedings and
shall present the merits of their individual positions in fact and in law.

The signatory countries shall appoint their
representatives to the Arbitration Tribunal and shall appoint legal
advisors to defend their rights.

The Arbitration Tribunal shall have a time limit of
30 days from its formation to issue its opinion; said time limit may be
extended only once for a further 30 days. The foregoing notwithstanding,
the signatory countries may agree on longer time limits.

CHILE - VENEZUELA

Article 31. …
d). The arbitration procedure shall be subject to
the Regulations issued by the Administrative Commission to that effect.

COSTA RICA - MEXICO

Article 16-01: Administration Commission

…

4. The Commission shall establish its rules and
procedures and adopt every decision by consensus.

5. The Council shall convene at least once a year in
a regular meeting and shall hold special meetings at the request of any of
the Parties. Sessions shall be chaired successively by each Party.

…

Article 17-04: Perishable Goods

In any dispute involving perishable goods, the
Parties, the Commission, and the arbitration panel referred to in Article
17-07 shall make every effort to speed up the procedure to the extent
possible. To that effect, the Parties shall agree to accelerate the time
periods established in this Chapter.

…

Article 17-11: Rules of Procedure

1. The Commission shall establish Model Rules of
Procedure based on the following principles:

a. The procedures shall guarantee the right to a
hearing before an arbitration panel, as well as an opportunity to present
arguments and reply in writing; and

b. the arbitral tribunal's hearings, deliberations
and initial report, and all written submissions to and communications with
the panel shall be confidential.

2. Unless otherwise agreed between the Parties, the
proceeding brought before the arbitration panel shall abide by the Model
Rules of Procedure.

…

Article 17-12: Role of Experts

At the request of a Party or ex-officio, the
arbitration panel may gather information and request technical assistance
from such individuals or bodies as deemed relevant to the case.

Article 17-13: Preliminary Report

1. The arbitration panel shall issue a preliminary
report based on the representations and communications submitted by the
Parties as well as on any other information it may have gathered pursuant
to Article 17-12 above.

2. Unless otherwise agreed upon by the Parties, the
arbitration panel shall, within ninety (90) days from the designation of
the last panelist, issue a preliminary finding including:

a. the factual conclusions, including any finding
resulting from a request made pursuant to Article 17-11(5);

b. a finding as to whether the measure in question
is or may be inconsistent with the obligations hereunder, or whether it
may be the cause for nullification or impairment as provided for in the
Annex to Article 17-02; and

4. The Parties may submit their comments on the
preliminary finding in writing to the arbitration panel within fourteen
(14) days after the disclosure of same.

5. After examining the written comments, if any, the
arbitration panel may, ex-officio or at the request of any of the Parties:

a. take any such procedural step as deemed relevant;
and

b. reconsider the preliminary finding.

Article 17-14: Final Report

1. The arbitration panel shall submit to the
Commission its final resolution, to be adopted by a majority vote, and,
where appropriate, any separate opinions on matters not unanimously
agreed, within thirty (30) days upon disclosure of the preliminary
finding.

2. 2. No panel may, either in its initial report or
its final report, disclose which panelists are associated with majority or
minority opinions.

3. The final resolution shall be published within
fifteen (15) days following notification to the Commission.

MEXICO - NICARAGUA

Article 19-01: Administration Commission

…

4. Every Commission decision shall be adopted by
consensus.

5. The Commission shall convene at least once a
year. Commission sessions shall be successively chaired by each Party.

….

Article 20-04: Perishable Goods

In any dispute involving perishable goods, the
Parties, the Commission, and the arbitration panel shall make every effort
to speed up the procedure to the extent possible. To that effect, the
Parties shall try to reduce the timeframes established in this Chapter.

…

Article 20-11: Rules of Procedure

1. The Commission shall establish Model Rules of
Procedure based on the following principles:

a. The procedures shall guarantee the right to a
hearing before an arbitration panel, as well as an opportunity to present
arguments and reply in writing; and

b. The hearings before an arbitration panel, the
deliberations and preliminary findings, as well as all writings and
communications submitted to the panel shall be confidential.

2. Unless otherwise agreed between the Parties, the
proceeding brought before an arbitration panel shall abide by the Model
Rules of Procedure.

…

Article 20-12: Role of Experts

At the request of a Party or ex-officio, the
arbitration panel may gather information and request technical assistance
from such individuals or bodies as deemed relevant to the case.

Article 20-13: Preliminary Report

1. The arbitration panel shall issue a preliminary
finding based on the representations and communications submitted by the
Parties as well as on any other information it may have gathered pursuant
to Article 20-12 above.

2. Unless otherwise agreed upon by the Parties, the
arbitration panel shall, within ninety (90) days from the designation of
the last panelist, issue a preliminary finding including:

a. the factual conclusions, including any finding
resulting from a request made pursuant to Article 20-11(5);

b. a finding as to whether the measure in question
is or may be inconsistent with the obligations hereunder, or whether it
may be the cause for nullification or impairment as provided for in the
Annex to Article 20-02; and

4. The Parties may submit their comments on the
preliminary finding in writing to the arbitration panel within fourteen
(14) days after the disclosure of same.

5. After examining the written comments, if any, the
arbitration panel may, ex-officio or at the request of either Party:

a. take any such procedural steps as deemed
relevant; and

b. reconsider the preliminary finding.

Article 20-14: Final Report

1. The arbitration panel shall submit to the
Commission its final resolution, to be adopted by a majority vote, and,
where appropriate, any separate opinion on matters not unanimously agreed
within thirty (30) days upon disclosure of the preliminary finding.

2. Neither the preliminary finding nor the final
resolution shall disclose the identity of majority or minority panelists.

3. The final resolution shall be published within
fifteen (15) days following notification to the Commission.

PANAMA - COLOMBIA

Article 32. … . Moreover, the Council shall approve
a permanent system for the settlement of disputes within six (6) months of
its establishment, using as a frame of reference international guidelines
in this area.

Article 36. …. The Council shall issue its own rules
of procedure.

PANAMA - COSTA RICA

Article 25…. While waiting for such a ruling, the
matter in dispute will be put on hold for all effects and purposes.

Rules

Article 16. Upon the request of one of the Parties,
other individuals, such as those affected by the matters before the
Committee, may participate in meetings in order to inform the JSC and
contribute to the best possible decision being taken.

Article 27: …. Any person with a direct interest in
the question shall not sit on the Committee when it hears the case.

Article 31:

… While waiting for the judgement, the matter in
dispute will be put on hold for all effects and purposes.

PANAMA - DOMINICAN REPUBLIC

Article XVI
…. This Committee shall meet at least once a year or
when requested by one of the Contracting Parties, and the venue of its
meetings shall alternate between the Dominican Republic and Panama.
…
Article XVIII
…. The effects of the matter in dispute shall be
suspended pending a resolution by the Arbitration Committee.

PANAMA - EL SALVADOR

Article 18
…. Pending such a ruling, the effects of the matter
in dispute shall be suspended

Regulations

Article 19: … At the request of one of the Parties,
other persons affected by the problems under review by the Committee may
participate in the Committee meetings for the purpose of providing any
information that may contribute to the most appropriate decision on the
problem.

Article 30: ….. Persons with a direct interest in
the matter in dispute may not take part in its review as members of the
Committee.

Article 34: …
Pending the ruling of the Arbitration Committee, the
effects of the matter at issue shall remain in suspense.

PANAMA - GUATEMALA

Article 23…. While waiting for such a ruling, the
matter in dispute will be put on hold for all effects and purposes.

Regulations

Article 19. ….

Upon the request of one of the Parties, other
individuals, such as those affected by the matters before the Committee,
may participate in meetings in order to inform the JSC and contribute to
the best possible decision being taken.

Article 31: …. Any person with a direct interest in
the question shall not sit on the Committee when it hears the case.

Article 35. …

While waiting for the judgement, the matter in
dispute will be put on hold for all effects and purposes.

PANAMA - HONDURAS

Article 25… While waiting for such a ruling, the
matter in dispute will be put on hold for all effects and purposes.

PANAMA - NICARAGUA

Article 25… While waiting for such a ruling, the
matter in dispute will be put on hold for all effects and purposes

Rules

Artículo 15: …. Upon the request of one of the
Parties, other individuals, such as those affected by the matters before
the Committee, may participate in meetings of the JSC.

Article 21: JSC decisions and agreements shall be
taken by mutual agreement of the Ministers or their representatives. …

Article 26:

…Any person with a direct interest in the question
shall not sit on the Committee when it hears the case.

Article 30: … While waiting for the judgement, the
matter in dispute will be put on hold for all effects and purposes.

Article 37.-….[T]he Court shall issue the
appropriate court order, based on existing technical documentation, the
history of the case, and the explanations of the organ that is the target
of the appeal.

Article 38.- ….

At the option of the Parties, the Court will issue
its ruling, whether based on law or on equitable principles, and it will
be binding, not subject to appeal, and will constitute legal and
sufficient cause to request that it be executed in accordance with the
domestic provisions of each member country.

Article 39 …

The General Secretariat will issue its ruling in
accordance with criteria of fairness and procedural technicalities and
with the legal structure of the Andean Community.

MERCOSUR

Protocol of Brasilia

Article 19

1. The Arbitral Tribunal will decide the controversy
based on the dispositions of the Treaty of Asuncion, of the agreements
celebrated within its framework, on the decisions of the Common Market
Council, the resolutions of the Common Market Group, as well as on the
principles and dispositions of international law which are applicable to
the matter.

2. The present disposition does not restrict the
ability of the Tribunal to decide any controversy ex aequo et bono [on
equity], if the parties so agree.

Protocol of Ouro Preto

Article 43.

Sole paragraph. The Directives of the Mercosul Trade
Commission are also incorporated in Articles 19 and 25 of the Brasilia
Protocol.

Rules of the Protocol of Brasilia

Article 28 The subject matter of the disputes
between States and the complaints initiated at the request of the private
parties shall remain as determined by the written presentations and
responses, unable to be broadened later.

NAFTA

Article 102: Objectives

1. The objectives of this Agreement, as elaborated
more specifically through its principles and rules, including national
treatment, most-favored-nation treatment and transparency, are to:

a) eliminate barriers to trade in, and facilitate
the cross-border movement of, goods and services between the territories
of the Parties;

b) promote conditions of fair competition in the
free trade area;

c) increase substantially investment opportunities in the
territories of the Parties;

d) provide adequate and effective protection
and enforcement of intellectual property rights in each Party's territory;

e) create effective procedures for the
implementation and application of this Agreement, for its joint
administration and for the resolution of disputes; andf) establish a
framework for further trilateral, regional and multilateral cooperation to
expand and enhance the benefits of this Agreement.

2. The Parties shall interpret and apply the
provisions of this Agreement in the light of its objectives set out in
paragraph 1 and in accordance with applicable rules of international law.

Article 2016: Initial Report

1. Unless the disputing Parties otherwise agree, the
panel shall base its report on the submissions and arguments of the
Parties and on any information before it pursuant to Article 2014 or 2015.

MERCOSUR - BOLIVIA

Annex 11
…
Article 10

The Expert Group shall examine the dispute in light
of the provisions of this Agreement, the complementary protocols and
instruments signed within its framework, and any information provided by
the contending Parties. The Expert Group shall provide the Parties with an
opportunity to state their cases.

MERCOSUR - CHILE

Annex 14
…
Article 10

The Expert Group shall examine the dispute in light
of the provisions of this Agreement, the complementary protocols and
instruments signed within its framework, and any information provided by
the contending Parties. The Expert Group shall provide the Parties with an
opportunity to state their cases.

ARGENTINA-CHILE

Second Additional Protocol

Article 19

1. The Arbitration Panel shall decide the dispute in
accordance with the provisions of the Economic Complementarity Agreement
of August 2, 1991, any existing or future agreements, protocols, and other
provisions or supplementary resolutions signed within the framework of the
Agreement, and in accordance with the principles and provisions of
international law applicable to these matters.

2. This provision does not constrain the authority
of the Arbitration Panel to decide a dispute ex aequo et bono, should the
signatory countries so agree.

BOLIVIA - CHILE

Article 30

Notwithstanding the ability of its members to justly
and fairly decide the dispute submitted for consideration, the Arbitration
Commission shall weigh the situations and facts it must examine in light
of the standards set forth in this Agreement and in the 1980 Treaty of
Montevideo, as well as any other pertinent standards and principles of
international law.

BRAZIL - PERU

Annex IV

e) In ruling on the dispute in question, the judges
shall take into account the rules contained in the agreement, the rules
and principles of the 1980 Treaty of Montevideo, and international
agreements applicable on the matter.

CANADA - CHILE

Article N-15: Initial Report
1. Unless the Parties otherwise agree, the panel
shall base its report on the submissions and arguments of the Parties and
on any information before it pursuant to Article N-13 or N-14.

CHILE - COLOMBIA

Article 32. …
(d) …. Notwithstanding the fact that the arbitrators
may justly and fairly decide the dispute referred to them, they shall take
into account primarily the standards set forth in this Agreement and the
rules and principles of any applicable international conventions and the
general principles of international law.

CHILE - ECUADOR

Article 32. …
(d) …. Without prejudice to the arbitrators
deciding, according to their conscience, the issue submitted to them, they
shall consider principally the rules contained in this agreement and the
rules and principles of international agreements that may be applicable,
including the 1980 Treaty of Montevideo as well as general principles of
international law.

CHILE - MEXICO

Article 33

(d) …. Without prejudice to the decision that may be
reached after objective deliberation by the arbiters pertaining to the
dispute referred to them, consideration shall be given mainly to the rules
contained in this Agreement and to the rules and principles of pertinent
international agreements.

CHILE - PERU

Annex 8

Article 11
The Arbitration Tribunal shall consider the dispute
filed taking account of the provisions of the Agreement, the additional
instruments signed within the framework of said Agreement, the information
furnished by the signatory countries, any applicable rules and principles
of international conventions, including the 1980 Treaty of Montevideo, as
well as the general principles of international law.

CHILE - VENEZUELA

Article 31. …
d). …. Notwithstanding the fact that the arbitrators
may justly and fairly decide the dispute referred to them, they shall take
into account primarily the standards set forth in this Agreement and the
rules and principles of any applicable international conventions and the
general principles of international law.

Article 77.- At their own initiative or at the
request of the Court, at any stage of the procedure and before judgement
is passed, Member Countries, the Commission or the Board, whether or not
they are parties to the suit, may provide whatever information or legal
arguments are considered necessary for a better solution to the case.

GROUP OF THREE

Article 19-13: Participation of the Third Party

After informing the responsible national bodies of
the adversary Parties of its desire to do so, the non-adversary Party
shall have the right to attend hearings, make written and oral
presentations to the arbitration board and receive copies of the written
submissions of the adversary Parties.
…
Article 19-07: Recourse to an Arbitration Board
…
3. When the third Party believes that it has a
substantial interest in the matter, it shall have the right to participate
as a claimant, once it has so informed the responsible national bodies of
the other Parties involved. It shall inform them of its intention to
exercise this right as soon as possible, but no later than 7 days after
the date on which a Party has submitted a request for the formation of an
arbitration board.

4. Unless significant change in economic or
commercial circumstances has occurred, a third Party not exercising the
right to participate as a claimant as established in paragraph 3, shall
abstain from initiating any dispute settlement procedure regarding the
same question under the terms of:

a) this Treaty; or

b) the GATT, citing reasons that in substance are
equivalent to those that it could invoke under the present Treaty.

NAFTA

Article 2008: Request for an Arbitral Panel

3. A third Party that considers it has a substantial
interest in the matter shall be entitled to join as a complaining Party on
delivery of written notice of its intention to participate to the
disputing Parties and its Section of the Secretariat. The notice shall be
delivered at the earliest possible time, and in any event no later than
seven days after the date of delivery of a request by a Party for the
establishment of a panel.

4. If a third Party does not join as a complaining
Party in accordance with paragraph 3, it normally shall refrain thereafter
from initiating or continuing:

(a) a dispute settlement procedure under this
Agreement, or

(b) a dispute settlement proceeding in the GATT on
grounds that are substantially equivalent to those available to that Party
under this Agreement, regarding the same matter in the absence of a
significant change in economic or commercial circumstances.

Article 2013: Third Party Participation

A Party that is not a disputing Party, on delivery
of a written notice to the disputing Parties and to its Section of the
Secretariat, shall be entitled to attend all hearings, to make written and
oral submissions to the panel and to receive written submissions of the
disputing Parties.

Article 22.- When the Court declares the total or
partial annulment of the impugned Decision or Resolution, it shall
indicate the effects of the judgement over time.
(…)
Article 28.- It is up to the Court to issue a
pre-judicial interpretation of the rules comprising the legal system of
the Cartagena Agreement, in order to ensure its uniform application in the
territories of Member Countries.

Article 30.- The Court’s interpretation must be
limited to specifying the contents and scope of the rules of the legal
system governing the Cartagena Agreement. The Court may neither interpret
the contents and scope of municipal laws nor determine the merits of
matters concerning the proceeding.

By-Laws

Article 30.- During the final deliberation of the
proceeding, the magistrates shall express their reasoned opinion.

The Court’s judgements must be signed by the
President, the other magistrates and the Secretary and dissenting votes or
opinions shall not be expressed therein.
(…)
Article 56.- The judgement shall contain the
following:

a) The statement that it has been issued by the
Court

b) The date the judgement was passed

c) The names of the parties

d) The written proceeding of the facts

e) The summary of the conclusions of both parties

f) Paragraphs setting forth the legal grounds on
which the judgement was based

g) The verdict

If the judgement states the total or partial
invalidity of a Decision or Resolution, it must also state its effects
over time.
The judgement shall include the Court’s decision
regarding the payment or exoneration of the legal costs.
In the judgement of noncompliance, the Court shall
issue instructions regarding the steps that the respective Member Country
must take to execute it.

Article 57.- The judgement shall be read at a public
hearing once the parties have been summoned. This act shall be recorded.
The judgement, signed by the President, the other
magistrates and the Secretary, shall be sealed and deposited in the
Secretariat.

Article 58.- The judgement shall become effective on
the day after it was read at the hearing.
(…)

Article 59.- Either at its own initiative or at the
request of one of the parties submitted within a period of five days after
the reading, the Court may amend or expand the judgement.
The amendment shall proceed if the judgement
contained obvious written mistakes, miscalculations or evident
inaccuracies; also, if judgement was passed on a matter not brought up in
the claim. The expansion shall proceed if any of the conflictive points
were not resolved.
The request for amendment or expansion shall be
reported to the other party so that they can consider the suitability of
completing the formalities.
At a plenary session held within ten days after the
term referred to in first paragraph has expired, the Court shall adopt a
resolution concerning the amendment or expansion of the judgement, notify
the parties and attach the resolution to the judgement. In that case, the
judgement will be executed with the last notification to the parties.

Article 60.- Within a period of ten days after the
reading, one of the parties, a Member Country, the Commission or the Board
may request the clarification of certain points in the judgement that may
be considered ambiguous.
Both parties shall be notified of the request for
clarification so that they can consider the suitability of completing the
formalities.
Paragraph four of the previous article is applicable
to the clarification.
(…)

Article 63.- Within a period of thirty days after
receiving the application, the Court may pass judgement with the vote of
four magistrates, if the fifth magistrate is justifiably impeded to
participate in the final session convened to approve the judgement.

Article 64.- The Court’s judgement, signed by the
President, the other magistrates and the Secretary, shall be sealed and
deposited in the Secretariat.
The national judge or court shall be notified of the
judgement by means of a sealed and certified copy.
(…)

Article 65.- Only judgement of noncompliance suits
can be reviewed, in accordance with Article 26 of the Treaty. The claim
shall correspond to the parties in the previous proceeding.

Article 66.- The claim for a review must be
submitted within two months after the day the claimant was informed of the
fact on which it is based and, in any case, within a year from the date of
the judgment of noncompliance.

Article 67.- The claim for a review must contain the
following, in applicable, in addition to the provisions set forth in
Article 36:

a) A statement of the judgement impugned

b) A statement of the points on which the impugned
judgement is based

c) A list of the facts on which the claim is based

d) Justification of evidence proving the existence
of such facts and the moment they were discovered or known.

Article 68.- Once the claim for a review is
admitted, the procedure shall continue in accordance with these Bylaws and
the final judgement shall be passed at a plenary session.

Protocol of Cochabamba

Article 22. When the Court partially or totally
nullifies the disputed decision, resolution or agreement, it shall
indicate the effects, over time, of the decision.
The organ of the Andean Community whose decision,
resolution or agreement has been nullified must take the necessary
measures to ensure the effective enforcement of the ruling within the term
set by the Court.
…

Article 28. The Court, before handing down a final
ruling, at the request of the claimant, and following the placing of a
bond, if it deems this necessary, may order the provisional suspension of
the measure that is alleged to be in violation, if it causes or may cause
irreparable harm or harm that is difficult to remedy to the claimant or to
the subregion.

Article 29. Rulings made in noncompliance actions
may be reviewed by the Court itself at the request of the party, based on
some fact that could have had a decisive influence on the result of the
proceedings, provided that the fact was unknown at the time of the issuing
of the ruling by the party requesting the review. The request for review
must be submitted within ninety days of the day on which the fact was
discovered, and, in any case, within one year following the date of the
ruling.

Article 30. The noncompliance ruling handed down by
the Court in the cases envisaged in Article 25 will constitute legal and
sufficient cause for the party to petition the judge of the country for
appropriate damages.
…

Article 32. It is the Court’s responsibility to give
a pre-judicial interpretation of the rules that make up the legal
structure of the Andean Community, in order to ensure that they are
uniformly enforced throughout the territory of the member countries.
…

Article 34. The judge hearing the proceedings shall,
in his ruling, limit himself to considering the content and scope of the
rules making up the legal structure of the Andean Community related to the
specific case. The Court may not interpret the content and scope of
domestic law nor judge the factual issues of the case, notwithstanding
which he may refer to these when it is essential for purposes of the
interpretation being sought.
…

Article 37. When the Andean Council of Ministers for
Foreign Affairs, the Andean Community Commission or the General
Secretariat fail to carry out an activity that they were explicitly
obligated to perform by virtue of the legal structure of the Andean
Community, said organs, the member states or natural or juridical persons
meeting the conditions described in Article 19 of this treaty may demand
compliance with those obligations.
If, within the next thirty days, such request is not
granted, the requestor may go before the Andean Community Court of Justice
for a ruling on the case.
Within thirty days following the filing of the
appeal, the Court shall issue the appropriate court order, based on
existing technical documentation, the history of the case, and the
explanations of the organ that is the target of the appeal. Said order,
which shall be published in the Gaceta Oficial of the Cartagena Agreement,
shall indicate the form, method and term within which the entity that is
the target of the appeal must comply with its obligation.

Article 38. The Court has authority to settle,
through arbitration, disputes that arise regarding the enforcement or
interpretation of contracts, pacts or agreements signed by organs and
institutions of the Andean System of Integration, or between them and
third parties, when the parties so agree.
Private individuals may agree to submit to
arbitration, by the Court, disputes that arise in regard to the
enforcement or interpretation of elements of private contracts governed by
the legal structure of the Andean Community.
At the option of the Parties, the Court will issue
its ruling, whether based on law or on equitable principles, and it will
be binding, not subject to appeal, and will constitute legal and
sufficient cause to request that it be executed in accordance with the
domestic provisions of each member country.

Article 39. The General Secretariat has authority to
settle, through arbitration, disputes brought before it by private parties
regarding the enforcement or interpretation of elements of private
contracts governed by the legal structure of the Andean Community.
The General Secretariat will issue its ruling in
accordance with criteria of fairness and procedural technicalities and
with the legal structure of the Andean Community. Its ruling will be
binding and not subject to appeal unless the parties agree otherwise, and
will constitute legal and sufficient cause to request its execution in
accordance with the domestic provisions of each member country.

CARICOM

Annex: Article 11 - Disputes Procedure Within the
Common Market

3. If in pursuance of the foregoing provisions of
this Article the Council or the Tribunal, as the case may be, finds that
any benefit conferred on a Member State by this Annex or any objective of
the Common Market is being or may be frustrated, the Council may, by
majority vote, make to the Member State concerned such recommendations as
it considers appropriate.
….

5. Any Member State may at any time while any matter
is under consideration under this Article request the Council to authorise,
as a matter of urgency, interim measures to safeguard its position. If the
matter is being considered by the Tribunal such request shall be referred
by the Council to the Tribunal for its recommendation. If it is found by a
majority vote of the Council that the circumstances are sufficiently
serious to justify interim action, and without prejudice to any action
which it may subsequently take in accordance with the preceding paragraphs
of this Article, the Council may, by majority vote, authorise a Member
State to suspend its obligations under this Annex to such an extent and
for such period as the Council considers appropriate.

CACM

Article XXVI

The award of the arbitration tribunal shall require
the concurring votes of not less than three members, and shall have the
effect of res judicata for all the Contracting Parties so far as it
contains any ruling concerning the interpretation or application of the
provisions of this Treaty.

GROUP OF THREE

Article 19-16: Compliance with the Final Decision

2. … When the decision of the arbitration board
declares that the measure causes nullification or impairment in the terms
of the Annex to Article 19-02, it shall determine the level of
nullification or impairment and may suggest adjustments satisfactory to
both adversary Parties.

MERCOSUR

Protocol of Brasilia

Article 8

The State Parties declare that they recognize as
obligatory, ipso facto and without need of a special agreement, the
jurisdiction of the Arbitral Tribunal which in each case is established in
order to hear and resolve all controversies which are referred to in the
present Protocol.

Article 21

1. The decisions of the Arbitral Tribunal cannot be
appealed, and are binding on the State Parties to the controversies from
the moment the respective notification is received and will be deemed by
them to have the effect of res judicata.

2. The decisions should be complied with within a
time limit of fifteen (15) days, unless the Arbitral Tribunal fixes a
different time limit.

Article 22

1. Any of the State Parties to the controversy can,
within fifteen (15) days following notification of the decision, request a
clarification of the same or an interpretation as to how it should be
complied with.

2. The Arbitral Tribunal will issue a pronouncement
within the next fifteen (15) days.

3. If the Arbitral Tribunal considers that the
circumstances require it, it can suspend compliance with the decision
until such time as it decides the proffered request.

Rules of the Protocol of Brasilia

Article 22: The Arbitral Tribunal's decision shall
be issued in written form and must contain the following elements, in
addition to any others that the Arbitral Tribunal may deem appropriate:

i. The names of the States Parties involved in the
dispute.

ii. The name and nationality of each of the members
of the Arbitral Tribunal and the date that the Board was constituted.

iii. The names of the representatives of the
parties.

iv. The matter under dispute.

v. A report on the arbitration proceedings,
including a summary of the sessions and of the allegations of each of the
States Parties involved.

vi. The decision reached regarding the dispute, with
findings of fact and law.

vii. The proportion of the costs that each State
Party must cover.

viii. Date and place the decision is being handed
down.

ix. Signature of each member of the Arbitral
Tribunal.

NAFTA

Article 2017: Final Report

1. The panel shall present to the disputing Parties
a final report, including any separate opinions on matters not unanimously
agreed, within 30 days of presentation of the initial report, unless the
disputing Parties otherwise agree.

2. No panel may, either in its initial report or its
final report, disclose which panelists are associated with majority or
minority opinions.

3. The disputing Parties shall transmit to the
Commission the final report of the panel, including any report of a
scientific review board established under Article 2015, as well as any
written views that a disputing Party desires to be appended, on a
confidential basis within a reasonable period of time after it is
presented to them.

4. Unless the Commission decides otherwise, the
final report of the panel shall be published 15 days after it is
transmitted to the Commission.

Article 2018: Implementation of Final Report

1. On receipt of the final report of a panel, the
disputing Parties shall agree on the resolution of the dispute, which
normally shall conform with the determinations and recommendations of the
panel, and shall notify their Sections of the Secretariat of any agreed
resolution of any dispute.

2. Wherever possible, the resolution shall be
non-implementation or removal of a measure not conforming with this
Agreement or causing nullification or impairment in the sense of Annex
2004 or, failing such a resolution, compensation.

TRIPARTITE TREATY

Article XXIX. … The decision of the arbitration
panel will be determined by the concurring votes of two members and will
have the force of res judicata for all Contracting Parties, as regards the
resolution of any point having to do with the interpretation or
application of the clauses of this Treaty.

CENTRAL AMERICA - DOMINICAN REPUBLIC

Article 16.16. Enforcement of Final Resolution

1. The final resolution shall be binding to the
contending Parties as stated therein and within the timeframes it may
specify.

2. Where the final resolution of the arbitration
panel find that a measure is inconsistent with this Agreement, the
defending Party shall refrain from enforcing or revoke such measure.

3. Where the final resolution of the arbitration
panel find that the measure has caused nullification or impairment under
Article 16.03(2)(b), it shall determine the extent of such nullification
or impairment and may suggest such adjustments as deemed mutually
satisfactory to the contending Parties.

MERCOSUR - BOLIVIA

Annex 11

Article 13

The Commission shall make recommendations to the
contending Parties based on the Expert Group’s findings within fifteen
(15) calendar days following receipt of the Expert Group’s findings. The
Commission shall ensure that its recommendations are duly enforced.

MERCOSUR - CHILE

Annex 14

Article 13

The Commission shall make recommendations to the
contending Parties based on the Expert Group’s findings within fifteen
(15) calendar days following receipt of the Expert Group’s findings. The
Commission shall ensure that its recommendations are duly enforced.

ARGENTINA - CHILE

Second Additional Protocol

Article 18

1. The Arbitration Panel may, at the request of one
of the countries party to the dispute, issue any provisional measures it
deems appropriate under the circumstances and on terms that the Tribunal
itself shall establish to prevent grave and irreparable injury to one of
the parties to the dispute.
…

Article 21

The decision of the Arbitration Panel shall
envisage, where necessary, the specific measures that the injured country
is authorized to implement, be it for non-enforcement, erroneous
interpretation, or any action or omission that may frustrate the rights
flowing from the Economic Complementarity Agreement, or any existing or
future agreements, protocols, and supplementary decisions or resolutions
signed within the framework of the Agreement.

Article 22

The specific measures mentioned in Article 21 may
refer to a suspension of concessions equivalent to the injury caused, full
or partial withdrawal of concessions, or any other measures within the
scope of application of the provisions of the Economic Complementarity
Agreement, or any existing or future agreements, protocols, and
supplementary decisions or resolutions signed within the framework of the
Agreement.

BOLIVIA - CHILE

Article 31

The resolution of the Arbitration Commission shall
include its determination regarding whether the situation submitted for
its consideration constitutes noncompliance or improper interpretation
under the law and regarding the measures to be adopted by the petitioned
country to rectify this situation.
Similarly, it shall determine which measures the
affected country may adopt in the event that the petitioned country fails
to comply with the resolution.

BOLIVIA - MEXICO

Article 19-13: Final Resolution

1. The arbitration panel shall submit to the
Commission its final resolution and, where appropriate, any separate
opinion on matters not unanimously agreed within thirty (30) days upon
disclosure of the preliminary finding.

2. Neither the preliminary finding nor the final
resolution shall disclose the identity of majority or minority panelists.

3. The arbitration panel’s final resolution shall be
published within fifteen (15) days following notification to the
Commission.

Article 19-14: Enforcement of Final Resolution

1. The final resolution of an arbitration panel
shall be binding to the Parties as stated therein and within the
timeframes it may specify.

2. Where the final resolution of the arbitration
panel finds that a measure is inconsistent with this Agreement, the
defending Party shall, wherever possible, refrain from enforcing or revoke
such measure.

3. Where the final resolution of the arbitration
panel finds that the measure has caused nullification or impairment under
the Annex to Article 19-02, it shall determine the extent of such
nullification or impairment and may suggest such adjustments as deemed
mutually satisfactory to the Parties.

BRAZIL - PERU

Annex IV

e) … The arbitration panel’s ruling, which cannot be
appealed, and is obligatory on the parties, shall be made within a period
of fifteen days, unless the arbitration panel sets a different time period
for the purpose.
In each case, the arbitration ruling will ensure the
full execution of this agreement, indicating, in addition, the specific
measures that the adversely affected country may apply in response to
non-compliance, to erroneous interpretation, or to any action or omission
that impairs the rights deriving from the execution of the agreement.
The specific measures indicated in the preceding
paragraph may include suspension of concessions equivalent to the damage
caused, the partial or total withdrawal of concessions or any other
measure relating to the enforcement of the provisions of the agreement.

f) The arbitrators will have a period of sixty days,
extendable by another thirty days, counting from the date of their
appointment, to hand down their decision.

CANADA - CHILE

Article N-12: Rules of Procedure
…
6. If a Party wishes the panel to make findings as
to the degree of adverse trade effects on a Party of any measure found not
to conform with the obligations of the Agreement or to have caused
nullification or impairment in the sense of Annex N-04, the terms of
reference shall so indicate.

Article N-16: Final Report

1. The panel shall present to the Parties a final
report, including any separate opinions on matters not unanimously agreed,
within 30 days of presentation of the initial report, unless the Parties
otherwise agree.

2. No panel may, either in its initial report or its
final report, disclose which panelists are associated with majority or
minority opinions.

3. The Parties shall transmit to the Commission the
final report of the panel, including any report of a scientific review
board established under Article N-14, as well as any written views that a
Party desires to be appended, on a confidential basis within a reasonable
period of time after it is presented to them.

4. Unless the Commission decides otherwise, the
final report of the panel shall be published 15 days after it is
transmitted to the Commission.

Article N-17: Implementation of Final Report

1. On receipt of the final report of a panel, the
Parties shall agree on the resolution of the dispute, which normally shall
conform with the determinations and recommendations of the panel, and
shall notify their Sections of the Secretariat of any agreed resolution of
any dispute.

2. Wherever possible, the resolution shall be
nonimplementation or removal of a measure not conforming with this
Agreement or causing nullification or impairment in the sense of Annex
N-04 or, failing such a resolution, compensation.

CHILE - COLOMBIA

Article 32. …
(d) … As appropriate, any resolution by the
arbitrators shall include specific measures applicable to the injured
country for noncompliance, wrongful interpretation, or any action or
omission that frustrates the rights flowing from the execution of this
Agreement.
The specific measures indicated in the preceding
paragraph may refer to the suspension of concessions equivalent to the
injury caused, partial or full withdrawal of concessions, or any other
measure within the scope of application of the provisions of the
Agreement.
… .

This resolution shall not be subject to any form of
appeal and noncompliance therewith shall result in suspension of the
Agreement for as long as the causes of said suspension persist. …

CHILE - ECUADOR

Article 32. …
(d) … As appropriate, the decision of the
arbitrators will contain the specific measures that the defendant country
is to carry out or that the adversely affected country may take, either on
account of failure to comply, erroneous interpretation or any action or
omission that impairs the rights derived from the execution of the
agreement. The specific measures indicated in the preceding section may
relate to rules being adjusted to the provisions of the agreement, the
granting of new concessions equivalent to the damages caused, a partial or
total withdrawal of concessions or any other measure within the
application of the provisions of the agreement. … The decision may not be
appealed, and failure to comply with it will entail suspension from the
agreement as long as the causes of such suspension continue. …

CHILE - MEXICO

Article 33
(d) …. The decision of the arbiters shall, as
appropriate, contain the specific measures applicable to the injured
country, whether as a result of non-compliance, erroneous interpretation,
or any other act or omission that impairs the rights derived from the
execution of the Agreement.
The specific measures indicated in the foregoing
paragraph may involve the suspension of concessions equivalent to the
injury caused, a partial or total withdrawal of concessions, or any other
measure falling within the scope of application of the provisions of this
Agreement.
(…) This decision shall not be appealable, and
non-compliance therewith shall lead to the suspension of the Agreement as
long as the factors that led to the decision persist. Should this
situation continue, the affected party may invoke non-compliance as the
reason for termination of the Agreement.

Free Trade Agreement

Article 18-14: Final report

1. The arbitration group shall submit to the
Commission a final report and, if necessary, its particular opinions on
the issues on which there has not been a unanimous decision, within 30
days after the presentation of the preliminary report unless otherwise
agreed by the Parties.

2. The Parties shall forward to the Commission any
written consideration that they consider relevant to the final report.

3. An arbitration group may not indicate in its
preliminary report or final report the identity of the arbitrators that
have voted with the majority or the minority.

4. The arbitration group's final report shall be
published within 15 days after its communication to the Commission unless
otherwise decided.
…
Article 18-15: Compliance with the final report

1. The arbitration group's final report shall be
binding on the Parties. Unless otherwise agreed, the Parties shall comply
with the terms of the arbitration group's final report within the periods
specified therein.

2. If the arbitration group's final report should
declare that the measure adopted is incompatible with this Treaty or that
it is grounds for cancellation or loss pursuant to annex 18-02, the Party
affected, insofar as is possible, shall refrain from implementing such
measure or rescind it.

CHILE - PERU

Annex 8

Article 15

The opinion of the Arbitration Tribunal shall be
adopted by majority vote, shall be reasoned and endorsed by the members of
the Tribunal. They may not state the reasons for dissenting votes and
shall maintain the confidentiality of the voting.
The opinions of the Arbitration Tribunal are not
subject to appeal, but any signatory country may, within no more than
business 10 days of the date of the opinion, request clarification or
information on enforcement of the opinion. The Arbitration Tribunal shall
air these clarifications or consultations within 10 business days of the
date of filing the request for clarification or information.
The opinions shall be binding on the signatory
countries from the date of notification thereof or after completion of the
clarification process, if requested. The opinions shall have the force res
juidicata in the dispute settled.
Where necessary, the opinion shall contain specific
measures that are to be enforced by the signatory country against which
the complaint was filed or that may be applied by the injured signatory
country for non-enforcement, wrongful interpretation, or any action or
omission that may frustrate the rights flowing from execution of the
Agreement.
The specific measures indicated in the preceding
paragraph may refer to adaptation of the provisions of the Agreement, the
granting of new concessions to compensate for the injury caused,
suspension of concessions equivalent to the injury caused, partial or
total withdrawal of concessions, or any other measure involved in the
implementation of the provisions of the Agreement.

CHILE - VENEZUELA

Article 31. …
d). … As appropriate, any resolution by the
arbitrators shall include specific measures applicable to the injured
country for noncompliance, wrongful interpretation, or any action or
omission that frustrates the rights flowing from the execution of this
Agreement.
The specific measures indicated in the preceding
paragraph may refer to the suspension of concessions equivalent to the
injury caused, partial or full withdrawal of concessions, or any other
measure within the scope of application of the provisions of the
Agreement.
… .
This resolution shall not be subject to any form of
appeal and noncompliance therewith shall result in suspension of the
Agreement for as long as the causes of said suspension persist. …

COSTA RICA - MEXICO

Article 17-14: Final Resolution

1. The arbitration panel shall submit to the
Commission its final resolution, to be adopted by a majority vote, and,
where appropriate, any separate opinions on matters not unanimously
agreed, within thirty (30) days upon disclosure of the preliminary
finding.

2. Neither the preliminary finding nor the final
resolution shall disclose the identity of majority or minority panelists.

3. The final resolution shall be published within
fifteen (15) days following notification to the Commission.

Article 17-15: Enforcement of Final Resolution

1. The final resolution shall be binding to the
Parties as stated therein and within the timeframes it may specify.

2. Where the final resolution of the arbitration
panel finds that a measure is inconsistent with this Agreement, the
defending Party shall refrain from enforcing or revoke such measure.

3. Where the final resolution of the arbitration
panel finds that the measure has caused nullification or impairment under
the Annex to Article 17.02, it shall determine the extent of such
nullification or impairment and may suggest such adjustments as deemed
mutually satisfactory to the Parties.

DOMINICAN REPUBLIC-COSTA RICA

Article XVI Any disputes that may arise concerning
the interpretation and application of any of the clauses of this Contract
shall be settled peacefully between the Parties, in a spirit of
collaboration and for the benefit of both Parties. In exceptional cases,
when this is not possible, the Parties agree to name an Arbitration
Commission, whose decision they are required to accept.

MEXICO - NICARAGUA

Article 20-14: Final Resolution

1. The arbitration panel shall submit to the
Commission its final resolution, to be adopted by a majority vote, and,
where appropriate, any separate opinion on matters not unanimously agreed
within thirty (30) days upon disclosure of the preliminary finding.

2. Neither the preliminary finding nor the final
resolution shall disclose the identity of majority or minority panelists.

3. The final resolution shall be published within
fifteen (15) days following notification to the Commission.

Article 20-15: Enforcement of Final Resolution

1. The final resolution shall be binding to the
Parties as stated therein and within the timeframes it may specify.

2. Where the final resolution of the arbitration
panel finds that a measure is inconsistent with this Agreement, the
defending Party shall refrain from enforcing or revoke such measure.

3. Where the final resolution of the arbitration
panel finds that the measure has caused nullification or impairment under
the Annex to Article 20-02, it shall determine the extent of such
nullification or impairment and may suggest such adjustments as deemed
mutually satisfactory to the Parties.

PANAMA - COSTA RICA

Article 25…[T]he Contracting Parties agree to name
an Arbitration Board and accept its ruling. …

Rules

Article 22: The Ministers or their representatives
must sign all decisions and agreements made by the JSC. Such decisions and
agreements are binding on the Signatory States and will take effect as of
an exchange of notes between the Ministries of Foreign Affairs when so
stipulated by the Treaty. When not so stipulated, they will enter into
force on the date set by the JSC.

Article 31: If the JSC cannot reach agreement on the
question through the procedures herein established, the Contracting
Parties agree to appoint an Arbitration Board for final resolution of
their differences regarding interpretation or implementation of the norms
regulating trade carried out between them under the provisions of the
Treaty.

PANAMA - DOMINICAN REPUBLIC

Article XVIII

…[T]he Contracting Parties pledge to appoint an
Arbitration Commission and to abide by its rulings.

PANAMA - EL SALVADOR

Article 18

….[T]he Parties undertake to appoint and accept the
ruling of an Arbitration Commission.

Rules

Article 34: In the event that an agreement cannot be
reached by the Joint Committee through the procedure set forth in these
regulations, the Contracting Parties undertake to appoint and accept the
ruling of an Arbitration Committee definitively resolving the differences
of interpretation or application of provisions governing trade between the
two countries under the Treaty.

PANAMA - GUATEMALA

Article 23…. [T]he Contracting Parties agree to name
an Arbitration Commission and accept its ruling.

Rules

Article 35: If the JSC cannot reach agreement on the
question through the procedures herein established, the Contracting
Parties agree to appoint an Arbitration Board for final resolution of
their differences regarding interpretation or implementation of the norms
regulating trade carried out between them under the provisions of the
Treaty and these Rules of Procedure.

PANAMA - HONDURAS

Article 25…[T]he Contracting Parties agree to name
an Arbitration Board and accept its ruling. …

PANAMA - NICARAGUA

Article 25…[T]he Contracting Parties agree to name
an Arbitration Commission and accept its ruling. …

Rules

Article 30: If the Mixed Commission cannot reach
agreement on the question through the procedures herein established, the
Contracting Parties agree to appoint an Arbitration Commission for final
resolution of their differences regarding interpretation or implementation
of the norms regulating trade carried out between them under the
provisions of the Treaty.

Article 22.- When the Court declares the total or
partial annulment of the impugned Decision or Resolution, it shall
indicate the effects of the judgement over time.
The body of the Cartagena Agreement whose act was
declared invalid must adopt the provisions required to ensure the
effective fulfillment of the judgement.
…
Article 25.- If the court rules finds noncompliance,
the Member Country at fault shall take the necessary steps to execute the
judgement within three months after notification.
Should this Member Country fail to fulfil the
obligation mentioned in the previous paragraph, the Court, summarily and
once the Board has issued an opinion, shall establish the limits within
which the claiming country or any other Member Country may, totally or
partially, restrict or suspend the advantages of the Cartagena Agreement
benefiting the Member Country at fault. Through the Board, the Court shall
inform Member Countries of its decision.

Article 26.- Judgements passed in actions of
noncompliance can be reviewed by the same Court at the request of one of
the parties, based on a fact that may have decisively influenced the
result of the proceeding, providing the person requesting the review was
not aware of that fact on the date the judgement was passed.
The claim for a review must be submitted within two
months after the date the fact was discovered and, in any case, within a
year from the date of the judgement.

Article 27.- In the event the rights of individuals
or companies are affected by the failure of Member Countries to fulfil the
provisions set forth in Article 5 herein above, they would be entitled to
gain access to competent national Courts.
…

Article 31.- The judge who is conducting the
proceeding must adopt the Court’s interpretation.

…

Article 32.- In order to comply with the Court’s
verdicts, no official approval or exequatur will be required in any Member
Countries.

By-Laws

Article 69.- Should the respective Member Country
fail to take the necessary steps to execute a judgement of noncompliance
within the period established in the first paragraph of Article 25 of the
Treaty, at the end of that period and for the effects envisaged in
paragraph two therein, the Court shall request the opinion of the Board.
The latter shall then issue its statement within thirty days after
receiving the request.

Article 70.- After receiving the opinion of the
Board and if relevant, the Court shall establish the date and time of a
hearing.

Article 71.- Ten days after receiving the opinion of
the Board or five days after the closing of the hearing, the Court shall
hold a plenary session to discuss and establish the limits within which
Member Countries may totally or partially restrict or suspend the
advantages of the Agreement that benefit the Member Country at fault.
The Court, immediately and through the Board, shall
inform Member Countries of its decision.
No instrument of any kind needs to be issued by the
Commission or the Board in order to apply the measures of restriction or
suspension mentioned in the first paragraph of this article.

Article 80.- Individuals or companies whose rights
are affected by the noncompliance of a Member Country, shall be entitled
to turn to that country’s competent courts in accordance with its
municipal laws, claiming the fulfillment of Article 5 of the Treaty.

Protocol of Cochabamba

Article 22. When the Court partially or totally
nullifies the disputed decision, resolution or agreement, it shall
indicate the effects, over time, of the decision.
The organ of the Andean Community whose decision,
resolution or agreement has been nullified must take the necessary
measures to ensure the effective enforcement of the ruling within the term
set by the Court.
…
Article 27. If the ruling of the Court is that there
is a violation, the member country whose conduct is at issue will be
obliged to take the measures necessary to come into compliance within a
period of no more than ninety days following notification of the decision.
If said member country does not comply with the
obligation indicated in the preceding paragraph, the Court shall
summarily, after the General Secretariat issues its opinion, determine the
limits within which the complaining country or any other member country
may restrict or suspend, totally or partially, the advantages of the
Cartagena Agreement which benefit the violating country.
In any case, the Court may order other measures to
be taken if the restriction or suspension of the advantages of the
Cartagena Agreement aggravates the situation whose resolution is being
attempted, or if the action taken proves ineffective. The Court’s charter
will specify the conditions and limits of the exercise of this authority.
The Court, through the General Secretariat, will
communicate its finding to the member countries.
…

Article 29. Rulings made in noncompliance actions
may be reviewed by the Court itself at the request of the party, based on
some fact that could have had a decisive influence on the result of the
proceedings, provided that the fact was unknown at the time of the issuing
of the ruling by the party requesting the review. The request for review
must be submitted within ninety days of the day on which the fact was
discovered, and, in any case, within one year following the date of the
ruling.

Article 30. The noncompliance ruling handed down by
the Court in the cases envisaged in Article 25 will constitute legal and
sufficient cause for the party to petition the judge of the country for
appropriate damages.

Article 31. Natural or juridical persons shall have
the right to appear before the competent national courts, in accordance
with the provisions of domestic law, when member countries fail to comply
with the provisions of Article 4 of this treaty, in cases where their
rights are affected by such failure.
…
Article 35. The judge handling the case shall adopt
the Court’s interpretation in his ruling.

Article 36. The member countries of the Andean
Community will oversee the enforcement of the provisions of this treaty,
and in particular of the observance by national judges of that which is
set forth in this section.
…
Article 38….

At the option of the Parties, the Court will issue
its ruling, whether based on law or on equitable principles, and it will
be binding, not subject to appeal, and will constitute legal and
sufficient cause to request that it be executed in accordance with the
domestic provisions of each member country.

Article 39.- ….

The General Secretariat['s] …. ruling will be
binding and not subject to appeal unless the parties agree otherwise, and
will constitute legal and sufficient cause to request its execution in
accordance with the domestic provisions of each member country.

Article 41. For their enforcement, the decisions and
rulings of the Court and the rulings of the General Secretariat will not
require official approval o permission for execution abroad, in order for
these to be executed in any of the member countries.

CARICOM

Annex: Article 11 - Disputes Procedure Within the
Common Market

4. If a Member State to which a recommendation is
made under paragraph 3 of this Article does not or is unable to comply
with such recommendation the Council may, by majority vote, authorise any
Member State to suspend to the Member State which has not complied with
the recommendation the application of such obligations under this Annex as
the Council considers appropriate.

Protocol Amending the Treaty

Article XI
Replace Articles 17, 18 and 19 of the Treaty with
the following:

CHAPTER THREECommunity Decision-Making

Article 17
Common Voting Procedures in Community Organs

4. Subject to the agreement of the Conference, a
Member State may opt out of obligations arising from the decisions of
competent Organs provided that the fundamental objectives of the
Community, as laid down in the Treaty, are not prejudiced thereby.
…
6. ….Member States omitting to comply with
recommendations shall inform the Secretariat in writing within six months
stating the reasons for their non-compliance.

CACM

Article XXVI
The award of the arbitration tribunal…shall have the
effect of res judicata for all the Contracting Parties so far as it
contains any ruling concerning the interpretation or application of the
provisions of this Treaty.

GROUP OF THREE

Article 19-16: Compliance with the Final Decision.

1. The final decision of the arbitration board shall
be binding on the adversary parties in the terms and within the time
periods established by the board.

2. When the final decision of the arbitration board
declares that a measure is incompatible with the Treaty, the defendant
party shall abstain from implementing it or shall repeal it, if such
action is possible. …
…
Article 19-17: Suspension of Benefits.

1. The claimant Party may suspend application of an
equivalent amount of benefits for the defendant Party if the arbitration
board decides:

a) that a measure is incompatible with the
obligations of the Treaty and the defendant Party does not comply with the
final order within the time period set by the arbitration board; or

b) that a measure causes nullification or impairment
in the terms of the Annex to Article 19-02, and the adversary Parties do
not reach a mutually satisfactory agreement regarding the matter in
dispute within the time period set by the arbitration board.

2. Benefits shall be suspended until the defendant
Party complies with the final decision or until the adversary Parties
reach a mutually satisfactory agreement on the matter in dispute, as the
case may be.

3. When studying which benefits shall be suspended
in accordance with paragraph 1 above:

a) the claimant Party shall endeavor to first
suspend benefits in the very sector or sectors affected by the disputed
measure or by any other matter that the arbitration board has deemed to be
incompatible with the obligations undertaken in the Treaty, or that have
caused nullification or impairment in the terms of the Annex to Article
19-02; and

b) if the claimant Party deems that it is not
feasible or effective to suspend benefits in the same sector or sectors,
then it may suspend benefits in other sectors.

4. Upon receiving a written request from any of the
adversary Parties, duly sent to the responsible national bodies of the
other Parties, the Commission shall name an arbitration board charged with
determining if the amount of benefits suspended by the claimant Party in
accordance with paragraph 1 is manifestly excessive. As far as possible,
this arbitration board shall be composed of the same persons who sat on
the board that arrived at the final decision referred to in Article 19-15.

5. The arbitration board established for the purpose
set out in paragraph 4 above shall submit its final decision within 60
days of the date its last member was designated, or within any other time
limit agreed upon by the Parties.

MERCOSUR

Protocol of Brasilia

Article 23

If a State Party does not comply with a decision of
the Arbitral Tribunal within a time limit of thirty (30) days, the other
State Parties to the controversy can adopt temporary compensatory
measures, such as the suspension of concessions or their equivalent, which
should tend to lead to compliance.

NAFTA

Article 2018: Implementation of Final Report

1. On receipt of the final report of a panel, the
disputing Parties shall agree on the resolution of the dispute, which
normally shall conform with the determinations and recommendations of the
panel, and shall notify their Sections of the Secretariat of any agreed
resolution of any dispute.

2. Wherever possible, the resolution shall be
non-implementation or removal of a measure not conforming with this
Agreement or causing nullification or impairment in the sense of Annex
2004 or, failing such a resolution, compensation.

Article 2019: Non-Implementation-Suspension of
Benefits

1. If in its final report a panel has determined
that a measure is inconsistent with the obligations of this Agreement or
causes nullification or impairment in the sense of Annex 2004 and the
Party complained against has not reached agreement with any complaining
Party on a mutually satisfactory resolution pursuant to Article 2018(1)
within 30 days of receiving the final report, such complaining Party may
suspend the application to the Party complained against of benefits of
equivalent effect until such time as they have reached agreement on a
resolution of the dispute.

2. In considering what benefits to suspend pursuant
to paragraph 1:

(a) a complaining Party should first seek to suspend
benefits in the same sector or sectors as that affected by the measure or
other matter that the panel has found to be inconsistent with the
obligations of this Agreement or to have caused nullification or
impairment in the sense of Annex 2004; and

(b) a complaining Party that considers it is not
practicable or effective to suspend benefits in the same sector or sectors
may suspend benefits in other sectors.

3. On the written request of any disputing Party
delivered to the other Parties and its Section of the Secretariat, the
Commission shall establish a panel to determine whether the level of
benefits suspended by a Party pursuant to paragraph 1 is manifestly
excessive.

4. The panel proceedings shall be conducted in
accordance with the Model Rules of Procedure. The panel shall present its
determination within 60 days after the last panelist is selected or such
other period as the disputing Parties may agree.

TRIPARTITE TREATY

Article XXIX. … The decision of the arbitration
panel … will have the force of res judicata for all Contracting Parties,
as regards the resolution of any point having to do with the
interpretation or application of the clauses of this Treaty.

CARICOM-COLOMBIA

Article 21: Settlement of Disputes

3. The recommendations of the Joint Council or any
group of experts nominated by the Joint Council with respect to the
settlement of disputes shall not be binding.

CENTRAL AMERICA - DOMINICAN REPUBLIC

Article 16.17: Suspension of Benefits

1. The claiming Party may suspend the application to
the defending Party of any benefits under this Agreement to the extent
equivalent to the benefits it has ceased to accrue if the arbitration
panel finds that:

a. a measure is inconsistent with the obligations
under this Agreement and the defending Party has failed to comply with the
final resolution within the timeframe determined by the arbitration panel;

b. a measure has nullified or impaired a benefit
under Article 16.03(2)(b) and the defending Party fails to reach a
mutually satisfactory solution to the dispute with the claiming Party
within the timeframe determined by the arbitration panel;

2. The suspension of benefits shall be in effect
until such time as the defending Party complies with the final resolution
or the defending Party and the claiming Party agree on a mutually
satisfactory settlement of the dispute, as the case may be. However,
should the defending Party consist of two or more Parties pursuant to the
definition of defending Party and one or any of such Parties complies with
the final resolution or reaches a mutually satisfactory arrangement with
the claiming Party, the latter shall lift the benefit suspension enforced
against such Party.

3. When considering the benefits to be suspended
pursuant to this Article, the claiming Party shall:

a. first try to suspend the benefits within the same
sector or sector which have been affected by the measure or any other
action which the arbitration panel may have found inconsistent with the
obligations under this Agreement or which may have caused nullification or
impairment under Article 16:03(2)(b); and

b. suspend the benefits in any other sector if it
deems that a benefit suspension within the same sector or sectors is not
feasible or effective.

4. At the request in writing of any of the
contending Parties, to be notified to the National Section of the
Secretariat and to the other Parties, the Council shall, within
twenty-five days, establish an arbitration panel to determine whether the
benefit suspension the claiming Party may have enforced under this
agreement is overtly excessive.

5. The proceeding to be filed before an arbitration
panel established for the purposes of Article 16.17(4) above shall abide
by the Standard Rules of Procedure. The arbitration panel shall issue a
final resolution within sixty days from the designation of the last
panelist or within any other timeframe as the contending Parties may agree
to.

MERCOSUR - BOLIVIA

Annex 11

Article 13

…. The Commission shall ensure that its
recommendations are duly enforced.

MERCOSUR - CHILE

Annex 14

Article 13

…. The Commission shall ensure that its
recommendations are duly enforced.

ARGENTINA - CHILE

Second Additional Protocol

Article 18

2. The parties to the dispute shall comply with any
provisional measure set by the Tribunal immediately, until the Tribunal
issues its decision under Article 20 hereof.
…

Article 23

1. The decisions of the Arbitration Panel may not be
appealed, shall be binding on the countries party to the dispute from the
time or receipt of notification thereof, and shall have the force of res
judicata.

1. Within the 15 days following the date of
notification of the decision, any of the countries party to the dispute
may request clarification or interpretation of the manner in which it
should be enforced.

2. The Arbitration Panel shall issue its decision
within the following 15 days.

3. Should the circumstances so warrant in the
opinion of the Arbitration Panel, it may suspend enforcement of the
decision until it has ruled on the application submitted.

Article 25

Should a country party to the dispute fail to comply
with the decision of the Arbitration Panel within 30 days, the other
country party to the dispute may adopt temporary compensatory measures,
such as the suspension of concessions or other equivalent enforcement
measures. Should this situation continue, the affected signatory country
may invoke noncompliance as a just cause for terminating the Agreement.

BOLIVIA - CHILE

Article 32

The resolution of the Arbitration Commission shall
not be subject to appeal, the only recourse being a request for
clarification. It shall be fully binding on the signatory countries from
the time of notification thereof. Noncompliance on the part of the
petitioned country may lead to the temporary suspension for the affected
country of the implementation of some or all the provisions of this
Agreement and may constitute just cause for termination if the
noncompliance continues.

BOLIVIA - MEXICO

Article 19-14: Enforcement of Final Resolution

1. The final resolution of an arbitration panel
shall be binding to the Parties as stated therein and within the
timeframes it may specify.

2. Where the final resolution of the arbitration
panel finds that a measure is inconsistent with this Agreement, the
defending Party shall, wherever possible, refrain from enforcing or revoke
such measure.

3. Where the final resolution of the arbitration
panel finds that the measure has caused nullification or impairment under
the Annex to Article 19-02, it shall determine the extent of such
nullification or impairment and may suggest such adjustments as deemed
mutually satisfactory to the Parties.

Article 19-15: Non-compliance - Benefit Suspension

1. The claiming Party may suspend the application of
equivalent benefits to the defending Party if the arbitration panel finds
that:

a. a measure is inconsistent with the obligations
under this Agreement and the defending Party has failed to comply with the
final resolution within the timeframe determined by the arbitration panel;

b. a measure has nullified or impaired a benefit
under the Annex to Article 19-02 and the Parties fail to reach a mutually
satisfactory solution to the dispute within the timeframe determined by
the arbitration panel;

2. The suspension of benefits shall be in effect
until such time as the defending Party complies with the final resolution
of the arbitration panel or the Parties agree on a mutually satisfactory
settlement of the dispute, as the case may be.

3. When considering the benefits to be suspended
pursuant to Paragraph 1, the claiming Party:

a. shall first try to suspend the benefits within
the same sector or sectors which have been affected by the measure or any
other action which the arbitration panel may have found inconsistent with
the obligations under this Agreement or which may have caused
nullification or impairment under the Annex to Article 1920-02; and

b. may suspend the benefits in any other sector if
it deems that a benefit suspension within the same sector or sectors is
not feasible or effective.

4. At the request in writing of either Party, to be
notified to the other Party and to the National Section of the
Secretariat, the Commission shall establish an arbitration panel to
determine whether the benefit suspension the claiming Party may have
enforced in compliance with Paragraph 1 is overly excessive.

5. The proceeding to be filed before an arbitration
panel established for the purposes of Paragraph 4 above shall abide by the
Standard Rules of Procedure. The arbitration panel shall issue a final
resolution within sixty days from the designation of the last panelist or
within any other timeframe as the Parties may agree to.

BRAZIL - PERU

Annex IV

f)…. This decision may not be appealed, and failure
to comply with the arbitration panel’s decision with have as a consequence
suspension from the agreement as long as the cause for the suspension
continues. If the situation persists, the affected party may invoke
failure to comply as grounds for renouncing the agreement.

CANADA - CHILE

Article N-17: Implementation of Final Report

1. On receipt of the final report of a panel, the
Parties shall agree on the resolution of the dispute, which normally shall
conform with the determinations and recommendations of the panel, and
shall notify their Sections of the Secretariat of any agreed resolution of
any dispute.

2. Wherever possible, the resolution shall be
non-implementation or removal of a measure not conforming with this
Agreement or causing nullification or impairment in the sense of Annex
N-04 or, failing such a resolution, compensation.

Article N-18: Non-Implementation - Suspension of
Benefits

1. If in its final report a panel has determined
that a measure is inconsistent with the obligations of this Agreement or
causes nullification or impairment in the sense of Annex N-04 and the
Party complained against has not reached agreement with the complaining
Party on a mutually satisfactory resolution pursuant to Article N-17(1)
within 30 days of receiving the final report, the complaining Party may
suspend the application to the Party complained against of benefits of
equivalent effect until such time as they have reached agreement on a
resolution of the dispute.

2. In considering what benefits to suspend pursuant
to paragraph 1:

(a) the complaining Party should first seek to
suspend benefits in the same sector or sectors as that affected by the
measure or other matter that the panel has found to be inconsistent with
the obligations of this Agreement or to have caused nullification or
impairment in the sense of Annex N-04; and

(b) if the complaining Party considers that it is
not practicable or effective to suspend benefits in the same sector or
sectors, it may suspend benefits in other sectors.

3. On the written request of a Party delivered to
its Section of the Secretariat and the other Party, the Commission shall
establish a panel to determine whether the level of benefits suspended by
a Party pursuant to paragraph 1 is manifestly excessive.

4. The panel proceedings shall be conducted in
accordance with the Model Rules of Procedure. The panel shall present its
determination within 60 days after the last panelist is selected or such
other period as the Parties may agree.

CHILE - COLOMBIA

Article 32. …

(d)…. This resolution shall not be subject to any
form of appeal and noncompliance therewith shall result in suspension of
the Agreement for as long as the causes of said suspension persist. Should
this situation continue, the affected signatory country may invoke
noncompliance as just cause for termination of the Agreement.

CHILE-ECUADOR

Article 32. …

(d)…. This resolution shall not be subject to any
form of appeal and noncompliance therewith shall result in suspension of
the Agreement for as long as the causes of said suspension persist. Should
this situation continue, the affected signatory country may invoke
noncompliance as just cause for termination of the Agreement.

CHILE - MEXICO

Article 33. …

(d) …. This decision shall not be appealable, and
non-compliance therewith shall lead to the suspension of the Agreement as
long as the factors that led to the decision persist. Should this
situation continue, the affected party may invoke non-compliance as the
reason for termination of the Agreement.

Free Trade Agreement

Article 18-15: Compliance with the final report

1. The arbitration group's final report shall be
binding on the Parties. Unless otherwise agreed, the Parties shall comply
with the terms of the arbitration group's final report within the periods
specified therein.

2. If the arbitration group's final report should
declare that the measure adopted is incompatible with this Treaty or that
it is grounds for cancellation or loss pursuant to annex 18-02, the Party
affected, insofar as is possible, shall refrain from implementing such
measure or rescind it.

Article 18-16: Noncompliance - suspension of
benefits

1. The objecting Party shall suspend the application
of benefits of equivalent effect on the Party affected if the arbitration
group decides that:

a. a measure is incompatible with the obligations of
this Treaty and the Party affected fails to comply with the final report
within 30 days after receipt thereof; or

b. a measure is grounds for cancellation or loss
pursuant to annex 18.02 and the Parties are unable to reach a mutually
satisfactory settlement of the dispute within 30 days after receipt of the
final report.

2. The suspension of benefits shall last until such
time as the Party affected complies with the arbitration group's final
report or until such time as the Parties reach a mutually satisfactory
agreement on the dispute, as applicable.

3. On examining the benefits that will have to be
suspended in accordance with paragraph 1, the objecting Party shall:

a. first attempt to suspend the benefits within the
same sector or sectors affected by the measure, or by any other matter
that the arbitration group may have considered incompatible with the
obligations of this Treaty, or which have been considered grounds for
cancellation or loss pursuant to annex 18-02; and

b. suspend benefits in other sectors if it is not
considered feasible or efficient to suspend benefits in the same sector or
sectors.

4. At the written request of either Party, notified
to the other Party and its section of the Secretariat, the Commission
shall set up an arbitration group to determine whether the level of
benefits suspended by the objecting Party in accordance with paragraph 1,
is obviously excessive.

5. The proceedings before the arbitration group set
up for purposes of paragraph 4 will be processed in accordance with the
model rules of procedure. The arbitration group shall present its final
report within 60 days after the election of the last arbitrator, or within
any other period agreed on by the Parties.

CHILE - PERU

Annex 8

Article 16

Should a signatory country fail to enforce the
opinion of the Arbitration Tribunal within 30 business days of the date of
notification thereof, the other signatory country may adopt temporary
compensatory measures, such as the suspension of concessions or other
equivalent measures, for the purpose of enforcing the opinion or invoking
non-enforcement as just cause for termination of the Agreement.

CHILE - VENEZUELA

Article 31. …

d). …. This resolution shall not be subject to any
form of appeal and noncompliance therewith shall result in suspension of
the Agreement for as long as the causes of said suspension persist. Should
this situation continue, the affected signatory country may invoke
noncompliance as just cause for termination of the Agreement.

COSTA RICA - MEXICO

Article 17-15: Enforcement of Final Resolution

1. The final resolution shall be binding to the
Parties as stated therein and within the timeframes it may specify.

2. Where the final resolution of the arbitration
panel finds that a measure is inconsistent with this Agreement, the
defending Party shall refrain from enforcing or revoke such measure.

3. Where the final resolution of the arbitration
panel finds that the measure has caused nullification or impairment under
the Annex to Article 17.02, it shall determine the extent of such
nullification or impairment and may suggest such adjustments as deemed
mutually satisfactory to the Parties.

Article 17-16: Benefit Suspension

1. The claiming Party may suspend the application of
equivalent benefits to the defending Party if the arbitration panel finds
that:

a. a measure is inconsistent with the obligations
under this Agreement and the defending Party has failed to comply with the
final resolution within the timeframe determined by the arbitration panel;

b. a measure has nullified or impaired a benefit
under the Annex to Article 17-02 and the Parties fail to reach a mutually
satisfactory solution to the dispute within the timeframe determined by
the arbitration panel;

2. The suspension of benefits shall be in effect
until such time as the defending Party complies with the final resolution
or the Parties agree on a mutually satisfactory settlement of the dispute,
as the case may be.

3. When considering the benefits to be suspended
pursuant to Paragraph 1:

a. the claiming Party shall first try to suspend the
benefits within the same sector or sectors which have been affected by the
measure or any other action which the arbitration panel may have found
inconsistent with the obligations under this Agreement or which may have
caused nullification or impairment under the Annex to Article 17-02; and

b. the claiming Party shall suspend the benefits in
any other sector if it deems that a benefit suspension within the same
sector or sectors is not feasible or effective.

4. At the request in writing of either Party, to be
notified to the other Party and to its National Section of the
Secretariat, the Commission shall establish an arbitration panel to
determine whether the benefit suspension the claiming Party may have
enforced under Paragraph 1 is overly excessive.

5. The proceeding to be filed before an arbitration
panel established for the purposes of Paragraph 4 above shall abide by the
Standard Rules of Procedure. The arbitration panel shall issue a final
resolution within sixty days from the designation of the last panelist or
within any other timeframe as the Parties may agree to.

MEXICO - NICARAGUA

Article 20-15: Enforcement of Final Resolution

1. The final resolution shall be binding to the
Parties as stated therein and within the timeframes it may specify.

2. Where the final resolution of the arbitration
panel finds that a measure is inconsistent with this Agreement, the
defending Party shall refrain from enforcing or revoke such measure.

3. Where the final resolution of the arbitration
panel finds that the measure has caused nullification or impairment under
the Annex to Article 20-02, it shall determine the extent of such
nullification or impairment and may suggest such adjustments as deemed
mutually satisfactory to the Parties.

Article 20-16: Non-compliance - Benefit Suspension

1. The claiming Party may suspend the application of
equivalent benefits to the defending Party if the arbitration panel finds
that:

a. a measure is inconsistent with the obligations
under this Agreement and the defending Party has failed to comply with the
final resolution within the timeframe determined by the arbitration panel;

b. a measure has nullified or impaired a benefit
under the Annex to Article 20-02 and the Parties fail to reach a mutually
satisfactory solution to the dispute within the timeframe determined by
the arbitration panel;

2. The suspension of benefits shall be in effect
until such time as the defending Party complies with the final resolution
or the Parties agree on a mutually satisfactory settlement of the dispute,
as the case may be.

3. When considering the benefits to be suspended
pursuant to Paragraph 1:

a. the claiming Party shall first try to suspend the
benefits within the same sector or sectors which have been affected by the
measure or any other action which the arbitration panel may have found
inconsistent with the obligations under this Agreement or which may have
caused nullification or impairment under the Annex to Article 20-02; and

b. the claiming Party shall suspend the benefits in
any other sector if it deems that a benefit suspension within the same
sector or sectors is not feasible or effective.

4. At the request in writing of any of the Parties,
to be notified to the other Party and to the National Secretariat, the
Commission shall establish an arbitration panel to determine whether the
benefit suspension the claiming Party may have enforced under this
agreement is overly excessive.

5. The proceeding to be filed before an arbitration
panel established for the purposes of Paragraph 4 above shall abide by the
Standard Rules of Procedure. The arbitration panel shall issue a final
resolution within sixty days from the designation of the last panelist or
within any other timeframe as the Parties may agree to.

PANAMA - COSTA RICA

Article 25…[T]he Contracting Parties agree to name
an Arbitration Commission and accept its ruling. …

Rules

Article 31: If the JSC cannot reach agreement on the
question through the procedures herein established, the Contracting
Parties agree to appoint an Arbitration Commission for final resolution of
their differences regarding interpretation or implementation of the norms
regulating trade carried out between them under the provisions of the
Treaty.

PANAMA - DOMINICAN REPUBLIC

Article XVIII

…[T]he Contracting Parties pledge to appoint an
Arbitration Commission and to abide by its rulings.

PANAMA - EL SALVADOR

Article 18

… [T]he Parties undertake to appoint and accept the
ruling of an Arbitration Commission.

Regulations

Article 34: In the event that an agreement cannot be
reached by the Joint Commission through the procedure set forth in these
regulations, the Contracting Parties undertake to appoint and accept the
ruling of an Arbitration Commission definitively resolving the differences
of interpretation or application of provisions governing trade between the
two countries under the Treaty.

PANAMA - GUATEMALA

Rules

Article 35: If the Joint Standing Commission cannot
reach agreement on the question through the procedures herein established,
the Contracting Parties agree to appoint an Arbitration Commission for
final resolution of their differences regarding interpretation or
implementation of the norms regulating trade carried out between them
under the provisions of the Treaty and these Rules.

PANAMA - NICARAGUA

Article 25

… [T]he Parties undertake to appoint and accept the
ruling of an Arbitration Committee.

Rules

Article 30: If the Permanent Mixed Commission cannot
reach agreement on the question through the procedures herein established,
the Contracting Parties agree to appoint an Arbitration Commission for
final resolution of their differences regarding interpretation or
implementation of the norms regulating trade carried out between them
under the provisions of the Treaty.

Article 4.- On the first day of their term or no
more than thirty days later, appointed magistrates shall take the oath of
office at a Court session held in the Court premises, swearing to carry
out their job conscientiously and completely impartially, to keep the
Court discussions secret and to fulfil all the duties inherent to their
role.

Article 6.- As far as the effects of Article 11 of
the Treaty are concerned, the following are serious faults if committed by
magistrates:

a) Notorious bad behavior

b) Any activity that is incompatible with the nature
of the post

c) Repeated failure to fulfil the duties inherent to
the role

d) Involvement in professional activities,
remunerated or otherwise, except those of a teaching or academic nature;
and

e) Breach of the oath referred to in Article 4.

Item d) of this Article does not apply to deputies
who occasionally exercise a judiciary role.

Article 7.- When a magistrate incurs in any of the
faults contemplated in the previous article while carrying out his duties,
the Government of a Member Country may request his removal, through the
Government of Ecuador.
As the host country, the Government of Ecuador shall
inform the Governments of the other Member Countries of the reasoned
request and shall call a meeting of the Plenipotentiary representatives
referred to in Article 11 of the Treaty, which must take place no more
than thirty days alter.
Once the Plenipotentiary representatives are
assembled, they shall hear the accused magistrate and unanimously decide
whether there are grounds for his removal.

Article 72.- Impediment of or exception to a judge
may occur during any stage of the procedure.

Article 73.- The following relationships between a
judge and the parties or their representatives or proxies are causes for
impediment or exception to a judge:

a) Blood relations four times removed of the
magistrate or his spouse, or kinship by marriage twice removed

b) Interest of the magistrate or his spouse in the
matter submitted to the Court or any other matter with a similar purpose

c) Previous involvement in the matter being tried

d) Close friendship or obvious antagonism of the
magistrate or his spouse

Article 74.- Without waiting to be challenged, a
magistrate who realizes the existence of one of the causes for exception
mentioned in the previous paragraph is under the obligation to report it
to the Court.
Once the statement is received, the President shall
suspend the case until the Court resolves the incident.

Article 75.- The exception shall be reported to the
Court in writing, stating the reasons on which the objection is based.
Once the exception has been suggested, the President
shall suspend the case until the Court reaches a decision regarding the
incident and, if relevant, shall request evidence, which should be
received within eight days.
Once the eight days are up, the Court shall pass a
final judgement.

Article 76.- Neither the impediment nor the
exception will have any effect on previous decisions of the proceeding.

GROUP OF THREE

Article 19-08: Roster of Arbitrators

1. The Commission shall establish a roster of up to
thirty (30) individuals who are willing and able to serve as arbitrators.

2. The persons on that list:
…

b) shall be designated strictly on the basis of
their objectivity, trustworthiness and sound judgement;

c) shall be independent of, and not be affiliated
with or take instructions from, any of the Parties;

d) shall comply with the Code of Conduct to be
established by the Commission.

MERCOSUR

Rules of the Protocol of Brasilia

Article 7: Upon being designated to work on a
specific case, the experts mentioned in Articles 4 and 29 of the Brasilia
Protocol, and included on the list drawn up in accordance with Article 30
of the same, shall sign a statement accepting the appointment. They shall
thus commit themselves to fulfilling their duties with technical
independence, honesty and impartiality, along the lines established in the
following text, which must be signed and returned to the MERCOSUR
Administrative Secretariat before any work is begun.

"Upon accepting this appointment to work as an
expert, I declare that I hold no personal interest in the matter under
dispute and shall work with technical independence, honesty, and
impartiality in this procedure to settle a dispute between ____ and
____.

I promise to respect the privileged nature of
any information that comes into my possession as a result of my
participation in these proceedings, of my conclusions and of the
opinion.

Furthermore, I undertake to accept no advice or
orders from third parties or the parties involved in the dispute, nor
accept any remuneration for this work except that provided for by the
Brasilia Protocol for the Settlement of Disputes".

Article 16: As soon as the arbitrators for a
specific case have been appointed, the Director of the Administrative
Secretariat shall contact them and present them with a copy of the
following statement, which must be signed and returned before they take up
their duties on the case:

"Upon accepting this appointment to work as an
expert, I declare that I hold no personal interest in the matter under
dispute and have no reason to consider myself ineligible under the
terms of Article 15 of the Regulation of the Brasilia Protocol for the
Settlement of disputes to sit on the Arbitration Board constituted by
Mercosur to resolve the dispute between _________________ and
__________________.

I promise to respect the privileged nature of
any information that comes into my possession as a result of my
participation in these proceedings, of my conclusions and of the
decision.

I also promise to judge with independence,
honesty and impartiality and to accept no advice or orders from third
parties or the parties involved in the dispute, nor accept any
remuneration for this work except that provided for by the Brasilia
Protocol for the Settlement of disputes."

Article 41: All documents and proceedings connected
to the procedures established in the Protocol of Brasilia and in these
Rules, as well as all sessions of the Arbitral Tribunal, shall be
considered privileged information, with the exception of the decisions of
the Arbitral Tribunal.

NAFTA

Article 2009: Roster

2. Roster members shall:
…

(b) be independent of, and not be affiliated with or
take instructions from, any Party; and

(c) comply with a code of conduct to be established
by the Commission.

Article 2010: Qualifications of Panelists

1. All panelists shall meet the qualifications set
out in Article 2009(2).

2. Individuals may not serve as panelists for a
dispute in which they have participated pursuant to Article 2007(5).

Article 2011: Panel Selection

4. If a disputing Party believes that a panelist is
in violation of the code of conduct, the disputing Parties shall consult
and if they agree, the panelist shall be removed and a new panelist shall
be selected in accordance with this Article.

Article 2012: Rules of Procedure

1. The Commission shall establish by January 1, 1994
Model Rules of Procedure, in

accordance with the following principles:
…

(b) the panel's hearings, deliberations and initial
report, and all written submissions to and communications with the panel
shall be confidential.

Article 2015: Scientific Review Boards

2. The board shall be selected by the panel from
among highly qualified, independent experts in the scientific matters,
after consultations with the disputing Parties and the scientific bodies
set out in the Model Rules of Procedure established pursuant to Article
2012(1).

Code of Conduct

I. Responsibilities to the Process

Every candidate, member and former member shall
avoid impropriety and the appearance of impropriety and shall observe high
standards of conduct so that the integrity and impartiality of the dispute
settlement process is preserved.

II. Disclosure Obligations

A. A candidate shall disclose any interest,
relationship or matter that is likely to affect the candidate's
independence or impartiality or that might reasonably create an appearance
of impropriety or an apprehension of bias in the proceeding. To this end,
a candidate shall make all reasonable efforts to become aware of any such
interests, relationships and matters.

The candidate shall disclose such interests,
relationships and matters by completing an Initial Disclosure Statement
provided by the Secretariat and sending it to the Secretariat.

Without limiting the generality of the foregoing,
candidates shall disclose the following interests, relationships and
matters:

(1) any financial interest of the candidate

(a) in the proceeding or in its outcome, and

(b) in an administrative proceeding, a domestic
court proceeding or another panel or committee proceeding that involves
issues that may be decided in the proceeding for which the candidate is
under consideration;

(2) any financial interest of the candidate's
employer, partner, business associate or family member

(a) in the proceeding or in its outcome, and

(b) in an administrative proceeding, a domestic
court proceeding or another panel or committee proceeding that involves
issues that may be decided in the proceeding for which the candidate is
under consideration;

(3) any past or existing financial, business,
professional, family or social relationship with any interested parties in
the proceeding, or their counsel, or any such relationship involving a
candidate's employer, partner, business associate or family member; and

(4) public advocacy or legal or other representation
concerning an issue in dispute in the proceeding or involving the same
goods.
…
C. Once appointed, a member shall continue to make
all reasonable efforts to become aware of any interests, relationships or
matters referred to in section A and shall disclose them. The obligation
to disclose is a continuing duty which requires a member to disclose any
such interests, relationships and matters that may arise during any stage
of the proceeding.
The member shall disclose such interests,
relationships and matters by communicating them in writing to the
Secretariat for consideration by the appropriate Parties.

III. The Performance of Duties by Candidates and
Members

A. A candidate who accepts an appointment as a
member shall be available to perform, and shall perform, a member's duties
thoroughly and expeditiously throughout the course of the proceeding.
….
F. A member shall consider only those issues raised
in the proceeding and necessary to a decision and shall not delegate the
duty to decide to any other person, except as provided in the applicable
rules.

G. A member shall take all reasonable steps to
ensure that the member's assistant and staff comply with Parts I, II and
VI of this Code of Conduct.

H. A member shall not engage in ex parte contacts
concerning the proceeding.

I. A candidate or member shall not communicate
matters concerning actual or potential violations of this Code of Conduct
unless the communication is to the Secretariat or is necessary to
ascertain whether that candidate or member has violated or may violate the
Code.

IV. Independence and Impartiality of Members

A. A member shall be independent and impartial. A
member shall act in a fair manner and shall avoid creating an appearance
of impropriety or an apprehension of bias.

B. A member shall not be influenced by
self-interest, outside pressure, political considerations, public clamor,
loyalty to a Party or fear of criticism.

C. A member shall not, directly or indirectly, incur
any obligation or accept any benefit that would in any way interfere, or
appear to interfere, with the proper performance of the member's duties.

D. A member shall not use the member's position on
the panel or committee to advance any personal or private interests. A
member shall avoid actions that may create the impression that others are
in a special position to influence the member. A member shall make every
effort to prevent or discourage others from representing themselves as
being in such a position.

E. A member shall not allow past or existing
financial, business, professional, family or social relationships or
responsibilities to influence the member's conduct or judgment.

F. A member shall avoid entering into any
relationship, or acquiring any financial interest, that is likely to
affect the member's impartiality or that might reasonably create an
appearance of impropriety or an apprehension of bias.

V. Duties in Certain Situations

….C. A former member shall avoid actions that may
create the appearance that the member was biased in carrying out the
member's duties or would benefit from the decision of the panel or
committee.

VI. Maintenance of Confidentiality

A. A member or former member shall not at any time
disclose or use any non-public information concerning the proceeding or
acquired during the proceeding except for the purposes of the proceeding
and shall not, in any case, disclose or use any such information to gain
personal advantage or advantage for others or to affect adversely the
interest of another.

….

D. A member shall not disclose a panel report issued
under Chapter 20 prior to its publication by the Commission. A member or
former member shall not at any time disclose which members are associated
with majority or minority opinions in a proceeding under Chapter 20.

E. A member or former member shall not at any time
disclose the deliberations of a panel or committee, or any member's view,
except as required by law.

VII. Responsibilities of Assistants and Staff

Parts I (Responsibilities to the Process), II
(Disclosure Obligations) and VI (Maintenance of Confidentiality) of this
Code of Conduct apply also to assistants and staff.

Model Rules of Procedure for Ch. 20

35. The Parties shall maintain the confidentiality
of the panel's hearings, deliberations and initial report, and all written
submissions to and communications with the panel, in accordance with such
procedures as may be agreed from time to time between representatives of
the Parties.9

42. The panel shall not select as a member of a
scientific review board an individual who has, or whose employers,
partners, business associates or family members have, a financial or
personal interest in the proceeding.

CENTRAL AMERICA-DOMINICAN REPUBLIC

Article 16.10: Qualifications of Arbitrators

1. All arbitrators shall meet the following
qualifications:

….

b. They shall be selected strictly on the basis of
their objectivity, honesty, and reliability;

c. They shall be independent of and not affiliated
with it take instructions from, any Party and

d. They shall abide by the Code of Conduct to be
established by the Council.

2. Persons may not serve as arbitrators in the same
dispute in which they have participated pursuant to Article 16.07(4).

Article 16.11: Establishment of an Arbitral Panel

3. If a disputing Party believes that an arbitrator
is in violation of the Code of Conduct, the disputing Parties shall
consult and if they agree, the arbitrator shall be removed and a new
arbitrator shall be selected in accordance with this Article.

Article 16.12: Rules of Procedure

1. The Commission shall establish Model Rules of
Procedure based on the following principles:

…

b. The hearings before an arbitral tribunal, the
deliberations and preliminary findings, as well as all writings and
communications submitted to the panel shall be confidential.

ARGENTINA-CHILE

Second Additional Protocol

Article 20

2. The Arbitration Tribunal's decision shall be
adopted by majority vote, shall be reasoned, and endorsed by the President
and other arbitrators. The members of the Tribunal may not reveal the
basis of dissenting or separate votes and shall maintain the
confidentiality of the voting.

BOLIVIA - MEXICO

Article 19-10: Model Rules of Procedure

1. The Commission shall establish Model Rules of
Procedure based on the following principles:

…

b. the arbitral tribunal’s hearings, deliberations,
and preliminary findings, and all written submissions and communications
with the tribunal shall be confidential.

Article 19-13: Final Resolution

2. Neither the preliminary finding nor the final
resolution shall disclose the identity of majority or minority panelists.

CANADA-CHILE

Article N-09: Roster

2. Roster members shall:

…

(b) be independent of, and not be affiliated with or
take instructions from, any Party; and

(c) comply with a code of conduct to be established
by the Commission.

Article N-10: Qualifications of Panelists

1. All panelists shall meet the qualifications set
out in Article N-09(2).

2. Individuals may not serve as panelists for a
dispute in which they have participated pursuant to Article N-07(5).

Article N-11: Panel Selection

3. If a Party believes that a panelist is in
violation of the code of conduct, the Parties shall consult and if they
agree, the panelist shall be removed and a new panelist shall be selected
in accordance with this Article.

Article N-12: Rules of Procedure

1. The Commission shall establish, by the date of
entry into force of this Agreement, Model Rules of Procedure, in
accordance with the following principles:

…

(b) the panel's hearings, deliberations and initial
report, and all written submissions to and communications with the panel
shall be confidential.

Article N-14: Scientific Review Boards

2. The board shall be selected by the panel from
among highly qualified, independent experts in the scientific matters,
after consultations with the Parties and the scientific bodies set out in
the Model Rules of Procedure established pursuant to Article N-12(1).

Article N-16: Final Report

2. No panel may, either in its initial report or its
final report, disclose which panelists are associated with majority or
minority opinions.

CHILE-MEXICO

Free Trade Agreement

Article 18-07: List of Arbitrators

2. The members of the list shall:
…

b. be chosen strictly on the basis of their
objectivity, reliability, and sound judgement;

c. be independent of, and not affiliated with or
take instructions from, any Party; and

d. comply with the code of conduct to be established
by the Commission.

Article 18-08: Qualities of Arbitrators

1. All of the arbitrators shall meet the
qualifications the qualifications set out in article 18-07(2).

2. Individuals may not serve as arbitrators for a
dispute in which they have participated pursuant to article 18-05(4).

Article 18-09: Establishment of the Arbitral Group

6 If a Party believes that an arbitrator is in
violation of the code of conduct, the Parties shall consult and if they
agree, the arbitrator shall be removed and a new arbitrator shall be
selected in accordance with this article.

Article 18-10: Model rules of procedure

1. The Commission shall establish, by October 1,
1998, at the latest, Model Rules of Procedure, in accordance with the
following principles:

…

(b) the panel's hearings, deliberations and initial
report, and all written submissions to and communications with the panel
shall be confidential.

Article 18-12: Scientific Review Boards

2. The board shall be selected by the arbitral group
from among highly qualified, independent experts in the scientific
matters, after consultations with the Parties and in accordance with the
model rules of procedure.

Article 18-14: Final Report

3. No panel may, either in its initial report or its
final report, disclose which panelists are associated with majority or
minority opinions.

COSTA RICA-MEXICO

Article 17-08: Roster of Panelists

2. Roster members
…

b. shall be chosen strictly on the basis of their
objectivity, reliability, and sound judgement;

c. shall be independent of, and not be affiliated
with; nor take instructions from, any Party; and

d. shall comply with the code of conduct to be
established by the Commission.

Article 17-09: Qualifications of Arbitrators

1. All arbitrators shall meet the qualifications set
out in Article 17-08(2).

2. Persons who have participated in a dispute
pursuant to Article 17-06(4) may not serve as arbitrators in the same
dispute.

Article 17-10: Establishment of an Arbitral Tribunal

6. If a Party believes that an arbitrator is in
violation of the code of conduct, the Parties shall consult, and if they
agree, the arbitrator shall be removed and a new arbitrator shall be
selected in accordance with this Article.

Article 17-11: Rules of Procedure

1. The Commission shall establish Model Rules of
Procedure, in accordance with the following principles:
…

(b) the arbitral tribunal's hearings, deliberations
and initial report, and all written submissions to and communications with
the panel shall be confidential.

Article 17-14: Final Report

2. No arbitral tribunal may, either in its initial
report or its final report, disclose which panelists are associated with
majority or minority opinions.

MEXICO-NICARAGUA

Article 20-08: Roster of Arbitrators

2. Roster members
…

b. shall be chosen strictly on the basis of their
objectivity, reliability, and sound judgement;

c. shall be independent of, and not be affiliated
with; nor take instructions from, any Party; and

d. shall comply with the code of conduct to be
established by the Commission.

Article 20-09: Qualifications of Arbitrators

1. All arbitrators shall meet the qualifications set
out in Article 20-08(4).

2. Persons who have participated in a dispute
pursuant to Article 20-06(4) may not serve as arbitrators in the same
dispute.

Article 20-10: Establishment of an Arbitral Tribunal

6. If a Party believes that an arbitrator is in
violation of the code of conduct, the Parties shall consult, and if they
agree, the arbitrator shall be removed and a new arbitrator shall be
selected in accordance with this Article.

Article 20-11: Rules of Procedure

1. The Commission shall establish Model Rules of
Procedure, in accordance with the following principles:

…

(b) the arbitral tribunal's hearings, deliberations
and initial report, and all written submissions to and communications with
the panel shall be confidential.

Article 20-14: Final Report

2. No arbitral tribunal may, either in its initial
report or its final report, disclose which panelists are associated with
majority or minority opinions.

3
Ministerial Declaration of San José, paras. 1, 8, and 11, and Annex
II. The Heads of States and Government participating in the Second Summit
of the Americas directed the initiation of negotiations for the FTAA in
accordance with the Ministerial Declaration. Declaration of Santiago.

4The OAS
prepared for the FTAA Working Group on Investment an inventory of
bilateral investment treaties and hemispheric trade agreements, which
covers comprehensively the dispute settlement provisions specific to
foreign investment. Organization of American States, Investment
Agreements in the Western Hemisphere: A Compendium (1996), available
at
http://www.ftaa-alca.org/wgroups/wgin/english/bite1196.asp

5The full
texts of these agreements as are available to the OAS can be found at
. The WTO Rules of Conduct can be found at http://www.wto.org/wto/dispute/rc.htm.
The NAFTA Model Rules of Procedures and Rules of Conduct can be found at

http://www.nafta-sec-alena.org/english/index.htm.

6This paragraph shall also be
applied to disputes on which panel reports have not been adopted or fully
implemented.

7If a meeting of the DSB is not scheduled within this period at a
time that enables the requirements of paragraphs 1 and 4 of Article 16 to
be met, a meeting of the DSB shall be held for this purpose.

8Under an
exchange of letters entered into in 1995, the parties agreed, inter alia, that a party (1) may make its own or any
other party’s submission available to the public at any time, provided
that confidential information has been redacted beforehand; (2) may make
the hearing transcript available 15 days after the final report of the
panel is published under Article 2017(5); and (3) may disclose to other
persons such information in connection with panel proceedings as it
considers necessary for the preparation of its case, but it must ensure
that those persons maintain the confidentiality of the information.

9Under an
exchange of letters entered into in 1995, the parties agreed, inter alia, that a party (1) may make its own or any
other party’s submission available to the public at any time, provided
that confidential information has been redacted beforehand; (2) may make
the hearing transcript available 15 days after the final report of the
panel is published under Article 2017(5); and (3) may disclose to other
persons such information in connection with panel proceedings as it
considers necessary for the preparation of its case, but it must ensure
that those persons maintain the confidentiality of the information.